Does the doctrine of negligence per se apply even though the statute has been violated?

California, United States of America


The following excerpt is from Wawanesa Mut. Ins. Co. v. Matlock, 60 Cal.App.4th 583, 70 Cal.Rptr.2d 512 (Cal. App. 1997):

Just because a statute has been violated does not mean that the violator is necessarily liable for any damage that might be ultimately traced back to the violation. As the court stated in Olsen v. McGillicuddy (1971) 15 Cal.App.3d 897, 902-903, 93 Cal.Rptr. 530: "The doctrine of negligence per se does not apply even though a statute has been violated if the plaintiff was not in the class of persons designed to be protected or

Page 515

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