Does the negligence per se doctrine apply where there is no cause of action for negligence?
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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