In this unpublished case, an injured worker sued a third party contractor for injuries resulting from alleged building code violations. At trial, the judge refused to give instructions on "negligence per se" but did allow admission of the building code violations.
The jury returned a verdict in favor of the defendant and the worker appealed.
The appellate court reversed and remanded the case, ruling that the "negligence per se" instruction should have been given.
It said that the building code violations were intended to prevent just the sort of injuries that the worker sustained and, as such, the worker was entitled to the instruction in light of evidence that there were indeed such violations.
It also found that the instruction could very definitely have made a difference at trial since the jury - without the instruction - ruled the defendant was NOT negligent.
The case is Whittier Union High School Dist. v. Haven Construction.
To read the full opinion,
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