13-1503. Violation of statute; causation.

            Negligence resulting from a violation of a[n] [statute] [or] [ordinance] is no different in effect from that resulting from other acts or omissions constituting negligence. In each case the negligence is of no consequence unless it was a cause of or contributed to, an injury found by you to have been suffered by the plaintiff.

DIRECTIONS FOR USE

            Where there are various claims of negligence arising from the same act or acts of a party, it may be proper to give this instruction immediately following one of the other instructions in this chapter.

            The instruction will need to be modified and amended if it is the defendant contending that the plaintiff's damages were due to the plaintiff's violation of the statute or ordinance.

COMMITTEE COMMENT

            To be actionable, the negligence resulting from the violation of a statute or ordinance must be a cause of the injury complained of and be so found by the jury. Baca v. Board of County Comm'rs, 76 N.M. 88, 412 P.2d 389 (1966); Horrocks v. Rounds, 70 N.M. 73, 370 P.2d 799 (1962); Hartford Fire Ins. Co. v. Horne, 65 N.M. 440, 338 P.2d 1067 (1959).