California, United States of America
The following excerpt is from Gerash v. Verizon Online LLC, B239823 (Cal. App. 2013):
The negligence per se doctrine does not apply where, as here, there is no cause of action for negligence. (Rosales v. City of Los Angeles (2000) 82 Cal.App.4th 419, 430 ["'[a]n underlying claim of ordinary negligence must be viable before the presumption
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