Negligence is a failure to do what the reasonable person would do under the same or similar circumstances.  We also refer to this as the “standard of care.”  The standard of care to be exercised for the protection of others can be established by legislative enactment, judicial decision, or by the facts and circumstances of the case.

Where a statute or ordinance imposes a specific duty, or prohibits certain conduct, for the protection of others, and the failure to perform that duty, or the violation of the prohibited act, results in injury to another, the person is “negligent per se” or negligent “as a matter of law.”  See Eisenhuth v. Moneyhon (1954), 161 Ohio St. 367; Swoboda v. Brown (1935), 129 Ohio St. 512.

The violation of an administrative rule does not constitute negligence per se; however, such a violation may be admissible as evidence of negligence.  Chambers v. St. Mary’s School (1998), 82 Ohio St.3d 563; Lang v. Holly Hill Motel, Inc., 122 Ohio St.3d 120, 2009-Ohio-2495 (The open and obvious doctrine may be asserted as a defense to a claim of liability arising from a violation of the Ohio Basic Building Code.”)