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Negligence Per Se

Negligence Per Se

Definition

Conduct that violates standards of care as established by statute or law. Depending on state law, violating a statutory standard of care can be interpreted as (1) conclusive proof of negligence, making the defendant automatically liable without giving the defendant a chance to explain his or her actions, (2) presumptive proof of negligence, making the defendant liable unless the defendant can rebut the presumption of negligence by explaining the reasons for his or her actions, or (3) evidence of negligence, which can be considered when deciding whether the defendant should be liable at all.

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