- Sheridan v. IPX, Inc. (1998)
- “Excuse” is an affirmative defense to a negligence per se claim. A defendant’s violation of a statute is excused and thus does not constitute negligence per se under Midlands Civil Code § 319 if the defendant demonstrates that
(a) it neither knew nor should have known of the factual circumstances that rendered the statute applicable, or
(b) the defendant’s violation of the statute was due to the confusing way in which the requirements of the statute were presented to the public. Ignorance of the law, however, is not itself a defense to a negligence per se claim.