A California appellate court recently considered a case in which a plaintiff claimed that the city was at fault for failing to repaint a city crosswalk. The plaintiff sued the city of Salinas, California after she was hit by a car while walking across the street. The plaintiff was in the crosswalk at the time she was hit, which had not been repainted in sixteen years and was almost completely faded. The plaintiff claimed that the condition of the crosswalk amounted to a dangerous condition.
Under a city ordinance, the city was required to maintain crosswalks at intersections with the appropriate markings. Based on the ordinance, the plaintiff asked that the jury be read instructions on the concept of negligence per se.
Negligence Per Se
Negligence per se refers to a finding of negligence based on a violation of the law. If negligence per se applies, the defendant is presumed to have breached the duty of care that was owed to the plaintiff. For example, there might be a finding of negligence per se in a California drunk driving accident.