Definition
Negligence per se is a doctrine under which violation of a statute or regulation satisfies the negligence element of a civil claim when the victim is in the class of persons the law protects and the injury is of the type the law was designed to prevent.
In California Dog Bite Cases
In California dog bite cases, violation of local leash laws establishes negligence per se for dog knock-down claims and dog bite claims where the strict liability statute does not apply (e.g., trespassers). If an ordinance requires dogs to be on leash and the dog was off-leash when it bit or knocked someone down, the leash law violation proves negligence without further proof of unreasonable conduct.
California Law Context
California dog bite law under Civil Code Section 3342 provides a strict liability framework distinct from general negligence. The role of Negligence Per Se in this framework — how it affects liability, damages, defenses, or procedure — is governed by the specific interaction between Section 3342's elements and the broader California personal injury law applicable to all civil claims.
Frequently Asked Questions
What is Negligence Per Se in California dog bite law?
Negligence per se is a doctrine under which violation of a statute or regulation satisfies the negligence element of a civil claim when the victim is in the class of persons the law protects and the injury is of the type the law was designed to prevent.
How does Negligence Per Se apply to California dog bite cases?
In California dog bite cases, violation of local leash laws establishes negligence per se for dog knock-down claims and dog bite claims where the strict liability statute does not apply (e.g., trespassers). If an ordinance requires dogs to be on leash and the dog was off-leash when it bit or knocked someone down, the leash law violation proves negligence without further proof of unreasonable conduct.
How does this term affect whether a dog bite victim can recover damages?
Negligence Per Se affects dog bite recovery in California because Civil Code Section 3342 creates a strict liability framework where most general negligence defenses are unavailable. The specific role of Negligence Per Se in this strict liability system — as opposed to a general negligence system — determines its practical significance to dog bite claimants and defendants in California.