Is violation of city building codes evidence of negligence per se?

Asked about 2 years ago - San Luis Obispo, CA

Is violation of city building codes evidence of negligence per se?

Attorney answers (3)

  1. Richard Leigh Boyer

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    Answered . Well, if there is an actual documented violation from the building authority it would, in theory, establish negligence per se. However, you don't provide many facts. Are you seeking to establish negligence against the person responsible for the building code violation, or someone else? An allegation of a building code violation would support an allegation of negligence per se, but you still have to prove your case against the person or entity defending the claim.

  2. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . It could be if you were injured or harmed by the violation of the building code.

    However, if the landlord harassed you out of the apartment, that in itself wouldn't constitute negligence per se.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Nicholas Basil Spirtos

    Contributor Level 20

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    Answered . It could, depending on the code and whether there was an actual conviction for the violation.

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