<Ol> <Li> the defendant violated the statute, </Li> <Li> the statute provides for a criminal penalty (i.e., fines or imprisonment) but not for civil penalties, </Li> <Li> the act caused the kind of harm the statute was designed to prevent, and </Li> <Li> the plaintiff was a member of the statute's protected class . </Li> </Ol> <Li> the defendant violated the statute, </Li> <Li> the statute provides for a criminal penalty (i.e., fines or imprisonment) but not for civil penalties, </Li> <Li> the act caused the kind of harm the statute was designed to prevent, and </Li>

Negligence per se means that the plaintiff need not establish causation