Which element is NOT required to establish negligence per se?

To effectively establish negligence per se, the elements focus on the violation of a statute and its relationship to the resulting harm. The correct answer identifies that the plaintiff does not need to be aware of the violation of a statute for it to be considered negligence per se.

Negligence per se arises when a defendant violates a statute designed to protect a certain class of individuals from a specific type of harm. The critical components include proving that the defendant violated such a statute and that the plaintiff falls within the class the statute was intended to protect. Additionally, it is essential that the harm suffered by the plaintiff is of the nature that the statute aimed to prevent.

Restating the requirements, the statute must have been violated, and the plaintiff must be part of the protected class and experience the relevant type of harm. Awareness of the violation by the plaintiff is not necessary; the focus is primarily on the actions of the defendant and the nature of the resulting harm as defined by the statute. Thus, the lack of required awareness is consistent with the nature of negligence per se and reinforces that it is the violation itself, rather than the plaintiff's knowledge, that plays a pivotal role.