California, United States of America
The following excerpt is from DiRosa v. Showa Denko K.K., 44 Cal.App.4th 799, 52 Cal.Rptr.2d 128 (Cal. App. 1996):
"[A] plaintiff must prove four elements in order to establish negligence per se. Plaintiff must show that (1) defendant violated a statute, ordinance or regulation of a public entity, (2) the violation proximately caused his injury, (3) the injury resulted from an occurrence of the nature which the statute was designed to prevent; (4) he was one of the class of persons for whose protection the statute was adopted. [44 Cal.App.4th 806] (Capolungo v. Bondi (1986) 179 Cal.App.3d 346, 349-350, [224 Cal.Rptr. 326].) 'While the first two elements are normally considered questions for the trier of fact, "[t]he last two elements are determined by the trial court as a matter of law, since they involve statutory interpretation ...." ' (Id. at p. 350, 224 Cal.Rptr. 326.)" (Italics added.)
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