What is required for a defendant to be liable under negligence per se?

For a defendant to be liable under negligence per se, it is essential that the plaintiff's injuries result directly from the violation of a statute that was designed to protect a particular class of individuals, of which the plaintiff is a member. This establishes a direct link or proximate cause between the defendant's conduct—specifically, their failure to adhere to the statute—and the injuries suffered by the plaintiff.

Negligence per se simplifies the plaintiff's burden of proving negligence because if a defendant violates a law that is meant to prevent the type of harm the plaintiff suffered, the violation is considered to be inherently negligent. However, it is crucial that the plaintiff demonstrates not just the violation of the statute, but also that this violation was the proximate cause of their injuries. Without establishing that connection, the claim of negligence per se would be insufficient.

This understanding underscores why the requirement that the plaintiff’s injuries must be proximately caused by the statute's violation is fundamental to establishing liability in negligence per se cases.