California, United States of America
The following excerpt is from Hernandez v. 24 Hour Fitness USA, E071926 (Cal. App. 2020):
Technically, negligence per se is not an independent cause of actionit is "an evidentiary doctrine codified at Evidence Code section 669." (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285.) Under the doctrine, the defendant's violation of a statute gives rise to a rebuttable presumption of negligence if (1) the violation proximately caused injury to the plaintiff, (2) the injury resulted from the type of occurrence that the statute was designed to prevent, and (3) the plaintiff belongs to the class of people for whose protection the statute was enacted. (Evid. Code, 669, subd. (a); Quiroz v. Seventh Ave. Center, supra, at p. 1285.)
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