Is there a presumption of negligence against a plaintiff who was injured in a motor vehicle accident?
California, United States of America
The following excerpt is from Sierra-Bay Fed. Land Bank Assn. v. Superior Court, 227 Cal.App.3d 318, 277 Cal.Rptr. 753 (Cal. App. 1991):
Under this statute then "a presumption of negligence arises from the violation of a statute which was enacted to protect a class of persons of which the plaintiff is a member against the type of harm which the plaintiff suffered as a result of the violation of the statute." (Vesely v. Sager
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