Hernandez v. Martin Chevrolet, Inc.

The issue before this court is whether appellant is negligent per se because appellant violated provisions of OSHA. “[W]here a legislative enactment imposes upon a person a specific duty for the protection of others, his failure to observe that duty constitutes negligence per se.” Taylor v. Webster (1967), 12 Ohio St.2d 53, 56, 41 O.O.2d 274, 275, 231 N.E.2d 870, 872.

In order to determine whether a violation of OSHA constitutes negligence per se, we must first determine whether OSHA was intended to affect the duties owed for the safety and protection of others. The preamble to OSHA reveals…