Which term describes negligence that exists when a defendant violates a law or ordinance?

• A. Negligence per se
• B. Res ipsa loquitur
• C. Exclusive control
• D. Comparative negligence

Answer: (A)

Negligence per se describes a breach of duty that comes from violating a law or ordinance. When a statute defines a standard of conduct and the defendant fails to meet it, the violation itself establishes negligence if the plaintiff is in the class the statute protects and the harm is of the type the statute was designed to prevent, and the violation causes the injury. In these cases, proving the defendant’s conduct violated the statute can substitute for proving a breach of the ordinary standard of care, though defenses may apply if compliance was impossible, the statute doesn’t apply, or the injury isn’t the type the statute aims to prevent. This differs from other concepts like res ipsa loquitur, which relies on the circumstances of the accident rather than a statutory violation, and from ideas like exclusive control or comparative negligence, which concern different aspects of fault and responsibility.