NFPA Paralegal Core Competency Exam (PCCE)Substantive LawHard
A paralegal is preparing a legal brief for an appellate court. The case involves a civil judgment where the trial court instructed the jury that negligence is presumed if a particular safety statute was violated, leading to injury. The opposing party argues this instruction was erroneous. What legal doctrine is the appellate court likely to consider when evaluating this jury instruction?
- ARes Ipsa Loquitur
- BNegligence Per Se
- CRespondeat Superior
- DStrict Liability
Show answer & explanationAnswer & explanation
Correct answer: B. Negligence Per Se
Negligence Per Se is a doctrine that states if a defendant violates a statute (like a safety regulation) and that violation causes injury to a member of the class the statute was designed to protect, then the defendant is presumed negligent. The jury instruction described directly applies this doctrine.
Why the other options are wrong
- A. Res Ipsa Loquitur ('the thing speaks for itself') applies when the facts imply negligence, even without direct proof, usually when the event would not occur without negligence and the defendant had exclusive control.
- C. Respondeat Superior (vicarious liability) holds an employer responsible for the torts of their employees acting within the scope of employment.
- D. Strict liability holds a party liable for damages regardless of fault, typically for abnormally dangerous activities or defective products, without needing to prove negligence.
Negligence Per Se
A doctrine in tort law that provides that a defendant is negligent as a matter of law if they violate a statute or regulation, and that violation causes injury to a member of the class of persons the statute was intended to protect, and the injury is of the type the statute was designed to prevent.
- Violation of a statute or regulation
- Statute designed to protect a specific class of people
- Injury is of the type the statute intended to prevent
- Defendant is presumed negligent (duty and breach established)
Memory trick: Statute 'Violation' leads to 'Per Se' negligence.