Shahtout v. Emco Garbage Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that even where a statute or regulation does not provide a person injured by its violation with a private cause of action for damages, the violation of the statute can be relevant to a plaintiffs common law negligence claim
• noting that a plaintiff may rely on a negligence per se theory of liability even when a statute does not expressly or impliedly provide a cause of action
• requiring the regulation “fix[] the legal standard of conduct that there is no question of due care left for a factfinder to determine”
• defining the trial court’s role in determining when such an instruction should be given
• explaining the various effects of violating a “governmental regulation in actions for damages”
• rejecting negligence per se claim based on violation of workplace safety regulation

Source: CourtListener parenthetical corpus (CC0).