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Law

Negligence Per Se and Statutory Standards of Care

Quick fact

In the classic case Martin v. Herzog (1920), a buggy driver's violation of a statute requiring lights on vehicles was held to be negligence per se, which a jury verdict for the plaintiff could not override. The judge ruled that the statutory violation was conclusive evidence of negligence, not just evidence for the jury to consider.

Why this is interesting

You've heard of the 'reasonable person' in negligence law. But what happens when a law, not a person, sets the standard? Negligence per se turns a broken statute into automatic proof of carelessness.