What is the burden of proving negligence per se?

Negligence per se is not a tort separate and apart from common law negligence, but is instead a statutorily-created presumption that affects the parties' respective burdens of proof at trial. (Evid. Code, 669.) The statute provides that there is a presumption of negligence in favor of a plaintiff who is able to establish that: (1) the defendant violated a statute, ordinance or regulation of a public entity; (2) the statutory violation proximately caused death or injury to the plaintiff's person or property; (3) the death or injury resulted from an occurrence, the nature of which the statute, ordinance or regulation was designed to prevent; and (4) the person who died or whose person or property was injured was within the class of persons for whose protection the statute, ordinance or regulation was adopted. (Evid. Code, 669, subd. (a); Spates v. Dameron Hosp. Assn. (2003) 114 Cal.App.4th 208, 218.)