In a previous post, I correctly reported that Ohio uses negligence per se. However, I was a little unclear about how this concept works. Let me try again.
Negligence per se is when someone is found negligent in civil court based on their violation of a statute.
Negligence per se must hold up to two conditions.
The plaintiff must suffer the type of injury that the statute was meant to protect against.
Pretend it is illegal to bake cookies, because cookies attract bears. You bake some cookies, and I get salmonella from eating them. You have not completed negligence per se. The law was designed to protect against bear attacks, not food poisoning.
Remember, you can still be charged with criminal action in this little scenario. Also, I can still sue you for regular negligence. But negligence per se is not in play.
The plaintiff must be within the class of citizen that the statute was meant to protect.
Let’s put a little twist on the above hypothetical. Pretend the same anti-baking law exists, but it is specifically meant to protect children. You bake cookies, and a bear comes and mauls the hell out of me. Again, this is not negligence per se. The law was meant to protect children, not adults.
summarized from Life of a Law Student
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