Negligence Per Se Question
Posted: Wed Dec 14, 2011 2:05 am
This may be a stupid question, but you still have to establish causation (cause-in-fact and proximate cause) once you've determined that a D violated a statute, correct?
Part of the negligence per se analysis were trained to use was to consider whether P was person protected by statute and the type of harm she suffered was contemplated by the statute (or violation of the statute increased the risk that harm would occur). Isn't this technically a proximate cause analysis?
How would you set up an issue analysis to discuss this?
Part of the negligence per se analysis were trained to use was to consider whether P was person protected by statute and the type of harm she suffered was contemplated by the statute (or violation of the statute increased the risk that harm would occur). Isn't this technically a proximate cause analysis?
How would you set up an issue analysis to discuss this?