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Negligence ''per se'' is a doctrine within the law of Unites States of America whereby an act is considered negligent because it violates a statute (or regulation). ==Elements== In order to prove negligence ''per se'', the plaintiff usually must show that: # the defendant violated the statute, # the statute provides for a criminal penalty (i.e., fines or imprisonment) but not for civil penalties,〔(【引用サイトリンク】url=http://www.lexisnexis.com/lawschool/study/outlines/html/torts/torts06.htm )〕 # the act caused the kind of harm the statute was designed to prevent, and # the plaintiff was a member of the statute's protected class. In some jurisdictions, negligence ''per se'' creates merely a rebuttable presumption of negligence. A typical example is one in which a contractor violates a building code when constructing a house. The house then collapses, injuring somebody. The violation of the building code establishes negligence ''per se'' and the contractor will be found liable, so long as the contractor's breach of the code was the cause (proximate cause and actual cause) of the injury. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Negligence per se」の詳細全文を読む スポンサード リンク
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