Negligence Per Se
Absent a valid excuse, the violation of a statutory standard of care is negligence per se, giving rise to a conclusive presumption of negligence that a jury must accept.
- Example : James came to a an intersection and made a left without stopping at the posted stop sign, striking Mary. James was negligent per se because he violated Vehicle and Traffic Law §§ 1141, 1142 and 1172 when he failed to stop at the stop sign and yield the right-of-way to Mary.
