HYPOTHETICAL: During an intercollegiate community college baseball game, a batter was hit by a pitch. In the next inning, that batter's team's pitcher hit the other team's batter, Avila, in the head with an inside pitch and injured him. Avila sued for an intentional battery. QUESTION: Will he be successful? Explain why or why not. STEP THREE: BACKGROUND: Statutes can also establish duties. Generally, people who do not do what a statute requires are considered to be negligen per se because they are not acting as the "reasonable person" would. If the actions cause injury of the kind the statute wa designed to protect against, and if the person who is injured is within the group of people the statute was designed to protect, then the defendant is presumed negligent. HYPOTHETICAL: Cruz, a migrant worker who lived in a mobile home with six other workers, died in a fire in the home. The smoke alarm did not go off, and Cruz was trapped in the bedroom. Cruz's widow sued the owner of the mobile home under negligence per se. The state had a law that required dwellings be equipped with smoke detectors and that they be maintained. QUESTION: Can negligence per se be used? Explain