Alarid v. Vanier

In Alarid v. Vanier (1958) 50 Cal.2d 617, the Supreme Court clarified the standard by holding the presumption of negligence which arises from the violation of a statute is rebuttable and may be overcome by evidence of justification. In determining whether the party has overcome the presumption the correct test is whether the violator of the statute has met the burden of showing that he did what might reasonably be expected of a person of ordinary prudence, who desired to comply with the law, acting under similar circumstances.