What defense might a defendant assert against negligence per se?

In cases involving negligence per se, the defendant can assert several defenses, but one significant argument is that the plaintiff had a greater risk of harm. This concept operates on the principle that if a plaintiff's own actions or conduct contributed to or heightened their risk of harm, it could mitigate the liability of the defendant. For instance, if the plaintiff engaged in risky behavior that led to their injury, this could demonstrate that the harm was not solely the fault of the defendant, thus undermining the claim of negligence per se.

While other defenses may focus on the defendant's knowledge of the statute or the relevance of the statute to the situation, these do not address the comparative risk involved. A determination that the plaintiff bore a greater risk shifts some responsibility back to them, reflecting the notion that liability ought to be shared according to fault. Therefore, this approach aligns well with the defenses available against negligence per se claims, highlighting the importance of the plaintiff's conduct in evaluating overall responsibility.