Question: Plaintiff customer was injured when he tell in detendant's store one sunday. A local ordinance requires Sunday closing. Plaintiff sues Defendant for damages. What is
Plaintiff customer was injured when he tell in detendant's store one sunday. A local ordinance requires Sunday closing. Plaintiff sues Defendant for damages. What is the effect of the statute?
Defendant's violation of the statute was negligence per se
Compliance with a criminal statute establishes that the duty of due care has not been breached.
Violation of a criminal statute always establishes a presumption of a duty and breach of that duty.
Defendant will prevail if the statute was not intended to prevent the kind of harm incurred by plaintiff.
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