In Impson v. Structural Metals, Inc., 487 S.W.2d 694, 696, 15 Tex. Sup. Ct. J. 443 (Tex. 1972), the supreme court adopted section 288A of the Restatement (Second) of Torts, which lists five categories of excuses to negligence per se, one of which tracks the instruction requested by Omega and Cardenas. Id. (citing RESTATEMENT (SECOND) OF TORTS § 288A(b) (1965)).
As an example of a situation in which an actor neither knows nor should know of the occasion for compliance, the supreme court cited "cases where a night driver has a tail light go out unexpectedly and without his knowledge." Id.