New York Law (NYLE) Practice Exam

Under New York Law, can violations of local ordinances constitute negligence per se?

1. Yes, always

2. No, they are never considered

3. Only if they cause direct harm

4. Only if they are related to public safety

The correct answer is: Yes, always

Under New York law, violations of local ordinances can indeed constitute negligence per se. This doctrine allows for the automatic establishment of negligence if a party violates a statute or ordinance that is intended to protect a certain class of individuals from a specific type of harm. Local ordinances often aim to promote public safety and welfare, and when a violation occurs, it can directly show a breach of the duty of care that an individual owes to others. If the ordinance in question pertains to safety regulations and is aimed at preventing the very type of harm suffered by the plaintiff, then the violation is likely to be viewed as being negligent per se. While it is true that not all local ordinance violations will be applicable in every situation—factors such as whether the harmed party belongs to the class intended to be protected by the ordinance, or whether the violation directly caused the harm—these nuances do not negate the broader principle that such violations can establish negligence per se in applicable cases. Thus, violations of local ordinances will generally be treated as indications of negligence, particularly when they relate to public safety and can be linked directly to the harm experienced.