Is the Violation of a Statute Negligence Per Se?
By EsqSocial Corporation 20/05/21
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field Servs., LLC, 2012 Ark. 157, 17, 400 S.W.3d 701, 712 (2012); Shannon v. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997). The flipside of this is also true. That is, compliance with a statute does not conclusively resolve the issue of negligence in a defendant’s favor......
By: Mitchell, Williams, Selig, Gates & Woodyard,