negligence per se

Literally, that which is negligence in itself. Negligence without question, negligence involving no debatable issue as to its existence, because the law, ordinarily the law in the form of statute or ordinance, has established the duty of the defendant toward the plaintiff which has been violated by the defendant to the injury of the plaintiff. 38 Am J1st Negl § 158. Negligence per se results from a breach of a positive standard of conduct imposed by statute. Lavalle v Kaupp, 240 Minn 360, 61 NW2d 223.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • negligence per se — see negligence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. negligence per se …   Law dictionary

  • Negligence per se — is the legal doctrine whereby an act is considered negligent because it violates a statute (or regulation). In order to prove negligence per se, the plaintiff must show that the defendant violated the statute, the statute provides for a criminal… …   Wikipedia

  • negligence — neg·li·gence / ne gli jəns/ n: failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation; also: conduct… …   Law dictionary

  • Negligence (disambiguation) — Negligence may refer to: In law Negligence, a concept in the law of tort Negligence per se, a legal doctrine whereby an act is considered negligent because it violates a statute or regulation Negligence in employment, several causes of action in… …   Wikipedia

  • per se — 1 /pər sā, ˌper ; pər sē/ adv [Latin, by, of, or in itself] 1: inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law the transaction was illegal per se see also negligence per se at negligence; …   Law dictionary

  • Per se — (sometimes misspelled per say or persay ) is: *A Latin phrase used in English arguments for by itself or by themselves It also is used in law: *Illegal per se, the legal usage of per se in criminal and anti trust law *Negligence per se, legal use …   Wikipedia

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

  • negligence as a matter of law — An undisputed fact or facts, so conclusive of negligence in conduct or omission in violation of a standard of care which is clear in its requirements and in its application to the case, that there is no question to be submitted to the jury and… …   Ballentine's law dictionary

  • per se negligence — See negligence per se …   Ballentine's law dictionary

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