Vega v. Eastern Courtyard Associates

*437OPINION

By the Court,

Rose, J.:

In these consolidated appeals1 we are asked to determine whether the violation of a validly adopted building code provision constitutes negligence per se. We conclude that the violation of a building code provision adopted by a county ordinance is negligence per se if the plaintiff belongs to the class of persons the building code provision is intended to protect, and the injury the plaintiff suffered is of the type the provision was intended to prevent. Accordingly, because the district court failed to properly instruct the jury regarding the negligence per se…