the violation of a statute, rule or regulation
may be enough, in certain circumstances,
to establish negligence as a matter of
law, so too may proof of compliance
with a statute or regulation be sufficient
to establish that a defendant acted
reasonably and without negligence. (See
e.g. Norris v Excel Industries, Inc., 139 F
Supp 3d 742 [WD Virginia 2015] [proof of
compliance with ANSI standard sufficient
basis to grant defendant summary
judgment]; Heer v Costco Wholesale Corp.,
589 Fed Appx 854 [10th Circ. 2014].)
Even in those situations and jurisdictions
where compliance with an industry
standard or administrative regulation is
not dispositive, evidence of a defendant's
compliance with such standards is
admissible and relevant to show that a
defendant acted reasonably under the
circumstances.
In sum, proof of a violation of, or
compliance with, a state statute, industry
standard or administrative regulation
will almost always be admissible as some
proof on the question or negligence, and
in many jurisdictions such proof may be
dispositive and establish negligence per
se. Therefore, it is incumbent on defense
counsel in negligence cases to be aware of
all potentially relevant statutes, standards
and regulations, and be ready to meet the
proof that a client violated a standard, or
better yet be prepared to present evidence
of compliance with a statute or regulation
as a shield against liability.