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Negligence & Negligence per se
Negligence is actionable when a person breaches a duty of care that results in damage or injury.
The elements of negligence are:
- The existence of a duty of care;
- Breach of that duty;
- Legal causation; and
Negligence per se is a special type of negligence where, under certain circumstances, a party’s violation of a civil statute establishes the elements of the existence and breach of a duty of care.
For a civil statute to establish the existence of a duty of care under negligence per se:
- The injured party must be in the class of persons whom the statute is intended to protect; and
- The injury is of the type against which the statute is intended to protect.