3.6-13 Negligence Per Se - Statutory
Revised to January 1, 2008
Negligence can arise from a violation
of a statute that creates a duty by declaring that certain requirements must be
followed or that certain acts must not be done. By enacting such a law, the
legislature has determined the appropriate standard of care to which an
individual's conduct must conform. Conduct that violates the requirements of
such a statute constitutes negligence. The plaintiff has alleged that the
defendant has violated the following statutory (duty / duties): <insert
allegations of the complaint and text of relevant statutes>.
A violation by the defendant of a duty
imposed by one or more of these statutes constitutes negligence. If you find
that the defendant has violated one or more of these statutes then the
defendant's conduct is negligent as a matter of law.