PJC General Negligence 2022

N EGLIGENCE P ER S E

PJC 5.1

PJC 5.1 Negligence Per Se and Common-Law Negligence The law forbids driving the wrong way on a street designated and signposted as one-way . A failure to comply with this law is negligence in itself. QUESTION ______ Did the negligence, if any, of those named below proximately cause the occurrence in question? Answer “Yes” or “No” for each of the following: 1. Don Davis _______________ 2. Paul Payne _______________ COMMENT When to use. PJC 5.1 should be given if there are claims of both common-law negligence and negligence per se. It includes both an instruction, which should be placed immediately after the definition of “negligence,” and a broad-form question jointly submitting negligence and proximate cause. What constitutes negligence per se. The unexcused violation of a legislative enactment or administrative regulation adopted by the court as defining the standard of conduct of a reasonable person is negligence in itself. Perry v. S.N. , 973 S.W.2d 301, 304 n.4 (Tex. 1998); Southern Pacific Co. v. Castro , 493 S.W.2d 491, 497 (Tex. 1973) (citing Restatement (Second) of Torts §288B (1965)). The unexcused violation of a statute or ordinance constitutes negligence as a matter of law if such statute or ordi nance was designed to prevent injuries to a class of persons to which the injured party belongs. Perry , 973 S.W.2d at 305; Nixon v. Mr. Property Management Co. , 690 S.W.2d 546, 549 (Tex. 1985). Two types of negligence per se standards. A few negligence per se standards found in statutes or regulations have been held simply to restate the standard of “ordi nary care” and not to alter the duty that already exists at common law. See, e.g., Loui siana-Pacific Corp. v. Knighten , 976 S.W.2d 674, 675 (Tex. 1998) (article 6701d, §61(a), now Tex. Transp. Code §545.062(a) (maintaining an assured clear distance and stopping without colliding)); Benavente v. Granger , 312 S.W.3d 745, 749 (Tex. App.—Houston [1st Dist.] 2009, no pet.) (same); Franco v. Burtex Constructors, Inc. , 586 S.W.2d 590, 593 (Tex. App.—Corpus Christi–Edinburg 1979, writ ref’d n.r.e.) (article 6701d, §§ 67, 68(a), now Tex. Transp. Code § 545.402 (starting stopped vehi cle), § 545.103 (turning vehicle)); Booker v. Baker , 306 S.W.2d 767, 774 (Tex. App.— Dallas 1957, writ ref’d n.r.e.) (article 6701d, §§68(a), 72, now Tex. Transp. Code

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