Tort Law Tidbit - Negligence Per Se
What is the name of the case that tells us that violation of a statute is negligence per se? Cook By and Through Uithoven v. Spinnaker's of Rivergate, 878 S.W.2d 934, 937 (Tenn. 1994). What about the violation of a regulation? Long by Cotton v. Brookside Manor, 885 S.W.2d 70, 73-74 (Tenn. App. 1994). An ordinance? Kim v. Boucher, 55 S.W.2d 551 (Tenn. App. 2001).
If you were driving and failed to stop at a stop sign, and caused an accident, would that be negligence per se? (in NJ)
I am not a lawyer in NJ and do not know for sure that NJ has negligence per se.
In Tennessee, the answer would be "yes."
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