What is negligence per se

Negligence per se is a legal doctrine that holds an individual automatically negligent if they violate a law or regulation that is designed to protect public safety. In order for negligence per se to apply, the following elements must be present:

1. The defendant violated a statute, regulation, or ordinance.
2. The violation caused harm to the plaintiff.
3. The harm suffered by the plaintiff is the type of harm that the law was intended to prevent.

If these elements are met, the defendant will be considered negligent without the need for further evidence of fault. This doctrine is based on the premise that there is a clear standard of care set by the law, and failing to meet this standard is considered negligence.