Violation of a Statute or Regulation as a Basis for Liability
The idea that persons may be civilly liable simply for the violation of a statute or regulation is commonly referred to as “negligence per se” or “categorical negligence.”
Negligence per se is most often used in Tennessee motor vehicle accidents. In cases where the defendant has violated a Tennessee Rule of the Road, courts routinely find negligence on the part of the defendant because the rules were enacted 1) to prevent accidents and 2) to prevent personal injuries to drivers.
While negligence per se generally applies to violations of statutes, a person or entity may also be liable for the violation of regulations and ordinances. Here are two examples:
• The Manual on Traffic Control Devices (MUTCD) has been used as evidence of the standard of care owed by the state of Tennessee to drivers. Under the MUTCD, the state may be liable for deviating from standards pertaining to signs, signals, markings, and other devices used to regulate, warn or guide traffic.
• The Standard Southern Building Code (SBC) has been used as evidence in Tennessee premises liability actions of the standard of care builders and landowners owed to homeowners, customers, and invitees. For example, in a Tennessee slip and fall case, the SBC’s provisions on the proper height and depth of risers (steps) was used as evidence of the standard of care a shop-owner owed to its customer.
If you have been injured you will want a diligent and hard-working Tennessee personal injury attorney willing to scour the numerous and complex statutes and regulations that define and protect your rights. The top Tennessee personal injury attorneys at Baker Associates can help. Call today for a free consultation.
