Quick Tip: National Corvette Day and Negligence Per Se

Today is National Corvette Day, a day on which we celebrate the iconic American sports car known for its speed and power. But even on National Corvette Day, the rules of the road still apply—and in Torts, that means understanding negligence per se.

Source: National Corvette Museum Bowling Green, KY (www.corvettemuseum.org)

What is Negligence Per Se?

In a typical negligence claim, a plaintiff must prove:

✅ Duty,

✅ Breach,

✅ Causation (actual and proximate), and

✅ Damages.

Negligence per se simplifies the first two elements. If a defendant violates a statute designed to protect a class of persons from a specific type of harm, and the plaintiff is within that class and suffers that type of harm, the violation itself establishes duty and breach. The plaintiff must still prove causation and damages.

Speeding as Negligence Per Se

Consider a Corvette driver speeding 20 mph over the limit, a clear statutory violation. If the driver hits another car, causing injuries, the injured party can argue: the statute was violated, it was designed to prevent accidents caused by speeding, and the plaintiff was within the protected class. Duty and breach are established under negligence per se, leaving causation and damages for the plaintiff to prove.

Keep in mind that not every statutory violation results in negligence per se liability. Valid excuses (emergency, impossibility, or greater harm from compliance) may prevent negligence per se from applying.

Bottom Line for Bar Prep

Speeding on the road can get you a ticket. But speeding through bar essays can cost you points.

Slow down, identify the statute, check for a violation, and apply the negligence per se framework efficiently. Fast cars are thrilling, but careful, methodical analysis wins on exam day.

🎶 Speaking of "fast cars," enjoy these two performances by Tracy Chapman and Luke Combs: