Evidence Code § 669 – Presumption of Negligence Based on Violation of Statute
Free Consultation Request
Evidence Code § 669 – Presumption of Negligence Based on Violation of Statute
California Law
Evidence Code – EVID
DIVISION 5. BURDEN OF PROOF; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS AND INFERENCES [500 – 670]
( Division 5 enacted by Stats. 1965, Ch. 299. )CHAPTER 3. Presumptions and Inferences [600 – 670]
( Chapter 3 enacted by Stats. 1965, Ch. 299. )ARTICLE 4. Presumptions Affecting the Burden of Proof [660 – 670]
( Article 4 enacted by Stats. 1965, Ch. 299. )669.
(a) The failure of a person to exercise due care is presumed if:
(1) He violated a statute, ordinance, or regulation of a public entity;
(2) The violation proximately caused death or injury to person or property;
(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and
(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.
(b) This presumption may be rebutted by proof that:
(1) The person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law; or
(2) The person violating the statute, ordinance, or regulation was a child and exercised the degree of care ordinarily exercised by persons of his maturity, intelligence, and capacity under similar circumstances, but the presumption may not be rebutted by such proof if the violation occurred in the course of an activity normally engaged in only by adults and requiring adult qualifications.
(Added by Stats. 1967, Ch. 650.)
California Law Summary
This statute establishes a legal presumption of negligence when a person violates a law or regulation, and that violation causes harm. To apply this presumption, the following conditions must be met:
The defendant violated a statute, ordinance, or regulation,
The violation proximately caused death or injury,
The death or injury resulted from an occurrence the law was designed to prevent, and
The person harmed was among the class of persons the law was intended to protect.
The presumption of negligence is rebuttable, meaning the defendant can present evidence that they acted with reasonable care or had a valid excuse for violating the statute.
Purpose
To streamline personal injury litigation by recognizing that breaking certain safety laws (e.g., traffic laws) can automatically suggest negligence without the need for further proof of breach of duty.
Application
Evidence Code § 669 is frequently used in cases involving car accidents, workplace injuries, and safety violations. For example, if a driver runs a red light and causes an accident, this statute may be invoked to establish their negligence, shifting the burden to the defendant to disprove it.
