CUSTOM

Question 1

The T.J. Hopper (tugboat case)

Answer 1

Operator of 2 tugboats (defendants) lost 2 barges they were contracted to tow, neither tugboat was equipped with a radio–Court held defendant could be held liable, even though having a radio wasn’t “industry custom” because it is reasonable to have a radio

Question 2

Wal-Mart Stores v. Wright (wal-mart case)

Answer 2

Plaintiff slipped on a puddle of water in store and was injured–employee/store manual can not be used to establish the standard of care, must be RPP because company policies are irrelevant

Question 2

Ludman v. Davenport Assumption High School (dugout case)

Answer 2

Plaintiff was baseball player seriously injured in dugout because of negligent design–Court held you can use evidence of industry custom as a defense, but it is not conclusive, so defendants allowed to use evidence of other dugouts construction