Violation of Safety of Others Is Evidence of Negligence
"In order to prevail in a negligence action, a plaintiff must show, by a preponderance of the evidence, that a defendant's negligent act or omission breached a duty of care owed to plaintiff in a way that proximately caused the plaintiff injury." Duphily v. Delaware Electric Cooperative, Inc., Del. Supr., 662 A.2d 821, 828 (1995); quoting Culver v. Bennett, Del. Supr., 588 A.2d 1094, 1096-97 (1991).
The violation of a Delaware statute enacted for the safety of others is evidence of negligence per se. Id. at 828. However, there must be a causal connection between such a statutory violation and the injury alleged. Id. at 828.
Further, a finding of negligence by the defendant, standing alone, will not sustain an action for damages unless it is also shown to be the proximate cause of plaintiff's injury. Id. at 828.