The Online Asbestos, Asbestos Cancer, & Mesothelioma Authority
Negligence Per Se
This is a special case of negligence that goes beyond simple failure to act or a careless action on the part of a defendant. It involves the violation of a legal statute (code, regulation or law). By violating the law, the defendant causes the very injury or loss the law was intended to prevent. Therefore, if a party is found to have violated such a law, negligence is assumed per se.
Suppose for example that a person had parked a large vehicle - such as a motor home - in a "no-parking" zone near an intersection that was determined by the city for the reason that any vehicle parked in that area would compromise visibility of cross traffic. Later, another driver attempts to pull out into that intersection, and is struck by another vehicle that s/he was unable to see coming because of the motor home.
In this case, the parking violation establishes negligence per se on the part of the registered owner of the illegally parked vehicle. This person will be found negligent as long as the fact that his/her vehicle being parked illegally can be established as the cause of the accident.
Another example (rampant in China, where most U.S. consumer goods are now manufactured - even those produced by U.S. companies) is the case of a corporation that uses an illegal substance in the manufacture of a product, and sells it knowing full well that the substance is legally banned. (Although this happens all-too-frequently in U.S. factories located in China, the Chinese government provides draconian penalties for violations when these come to light. For example, in the recent case of tainted pet food which killed a number of dogs and cats in the U.S., the Chinese official responsible for overseeing its manufacture was summarily executed by the Beijing government.)