negligence per se

Definitions

An act considered negligent because it violates a statute or regulation.

US, uncountable

Examples

“[…] blasting operations by a Swiss mining company in the Swiss Alps cause a snow⟳ avalanche in the French Alps injuring a group of English tourists. […] The lex loci damni rule⟳ [of the Rome II Regulation] does not produce⟳ good results in […] cross-border torts in which the state of conduct prescribes higher standards of conduct for the tortfeasor than the state of injury. Suppose⟳ for example that, in the above snow⟳ avalanche hypothetical, Switzerland imposes a negligence per se rule⟳ on mining operators who engage⟳ in blasting activities in certain areas or time periods, while France, in order⟳ to protect⟳ its mining industry, follows an ordinary negligence standard. In such a case, Article 4(1) calls for the application of French law and specifically excludes Swiss law. In contrast, if this were an environmental tort, Article 7 would allow⟳ the victim to opt for Swiss law.”

CEFR level