Final answer:
In this case, Judy may be able to recover in a case claiming negligence per se if she can prove that the apartment building owner violated a statute requiring safety railings on outside staircases.
Step-by-step explanation:
In this case, Judy may be able to recover in a case claiming negligence per se. Negligence per se is a legal doctrine that establishes negligence based on the violation of a statute. In this situation, the state of Alabama has a statute that requires apartment buildings to have safety railings on outside staircases.
By not having the required safety railings, the apartment building owner may have violated the statute, which could establish negligence per se. In order to successfully claim negligence per se, Judy would need to prove the following elements:
- The defendant violated a statute or regulation;
- The statute or regulation was intended to protect a certain class of people that includes the plaintiff;
- The plaintiff suffered the type of harm the statute or regulation was designed to prevent; and
- The violation of the statute or regulation caused the plaintiff's harm.
In this case, the violation of the statute requiring safety railings could be argued to have caused Judy's injury when she tripped and fell. Therefore, Judy may have a valid claim of negligence per se against the apartment building owner.