A violation of a statute or regulation constitutes negligence as a matter of law when the violation results in injury to a member of the class of persons intended to be protected by the legislation and when the harm is of the kind that the statute or regulation was enacted to prevent.
Plaintiff, a patron of defendant drinking establishment, sought to recover for personal injuries allegedly inflicted by other customers during a bar brawl. Plaintiff contended violations of Or. Rev. Stat. § 471.410 (3) and of Oregon Liquor Control Regulation No. 10-065 (2) constituted negligence as a matter of law The jury returned a verdict for defendant.
Was there negligence on the part of the drinking establishment based on violation of the regulation?
The Court held that a regulation was meant to prevent certain injuries caused by intoxication in bars. The regulation intended to protect certain class of persons which includes the petitioner in this case. the judgment was reversed and remanded because plaintiff was within the class of persons intended to be protected by the regulation. A violation of a statute or regulation constitutes negligence as a matter of law when the violation results in injuries.