Question 1

How does a statutory violation establish breach in Florida negligence per se?

Accepted Answer

Breach establishment: when a defendant violates a statute, the violation itself constitutes the breach of duty. The plaintiff does not need to: hire an expert to define the standard of care, prove what a "reasonable person" would have done, or establish industry custom or practice. The statute provides the standard: if the defendant violated it, the duty was breached. This simplifies the plaintiff’s case significantly. However: the plaintiff must still prove the violation (through evidence such as police reports, inspection reports, and witness testimony), and the defendant can challenge whether a violation actually occurred.

Question 2

What defenses are available to negligence per se in Florida?

Accepted Answer

Defenses: the statute was not designed to protect the plaintiff’s class (the plaintiff is not within the class of persons the statute was intended to protect), the statute was not designed to prevent the type of harm (the harm suffered is different from the harm the statute was designed to prevent), comparative negligence (the plaintiff’s own negligence contributed to the injury; under the 2023 modified comparative negligence standard, the plaintiff is barred if more than 50% at fault), emergency doctrine (the defendant’s violation was caused by an unforeseeable emergency), and impossibility (compliance with the statute was impossible under the circumstances).

Question 3

Can negligence per se apply to professional malpractice in Florida?

Accepted Answer

Professional context: negligence per se can apply when a professional violates a specific statute: a contractor who violates the Florida Building Code, a pharmacist who dispenses medication in violation of pharmacy regulations, and a real estate agent who violates Section 475 disclosure requirements. However: professional malpractice typically requires expert testimony to establish the standard of care (even when a statute is involved), and the violated statute must be specific enough to define a clear standard of conduct. General professional licensing statutes (which require "competent practice") are usually not specific enough for negligence per se.

Negligence Per Se Statutory Violation Breach

Statutory Violation as Breach in Florida Negligence Per Se

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Defenses

Professional Context

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