Subject: Re: Negligence per se ( another misconception)
Date: Tue, 22 Feb 2000 11:00:00 EST
Charles O Greenlaw wrote:
An EOR violating the building code is negligent per se
This is true, however the plaintiff still must prove that this violation actua
lly AND proximately caused the damages complained of. Negligence per se
simply proves that the EOR had a duty and had breached that duty. The rest of
a negligence analysis must be proven by the plaintiff.
You can be proven to have breached a duty, but if your acts did not
proximately caused the damages, you are NOT liable.