Updated on April 19th, 2023
A passenger is not required to be aware of the conditions on the highway and is entitled to expect that a driver will use reasonable care. However, if a passenger becomes aware of [a danger on the highway] [the driver’s impairment or failure to use reasonable care], then the passenger must take reasonable steps to protect the passenger’s own safety.
“HN5 (a) The failure of a person to exercise due care is presumed if:
“(1) He violated a statute, ordinance, or regulation of a public entity;
“(2) The violation proximately caused death or injury to person or property;
“(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and
“(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.”
CA(2) (2) HN6 Essentially, application of the doctrine of negligence per se means [***5] that the court has adopted the conduct prescribed by the statute as the standard of care for a reasonable person in the circumstances. (See Satterlee v. Orange Glenn School Dist. (1947) 29 Cal.2d 581, 587 [177 P.2d 279], overruled on other grounds in Alarid v. Vanier (1958) 50 Cal.2d 617 [327 P.2d 897]; 4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 531, p. 2795; Rest.2d Torts (1965) § 286.) In such a case, a violation of the statute is presumed to be negligence.
Casey v. Russell, 138 Cal. App. 3d 379.
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