Standard of Care: Substance, Custom, Statutory Violations, Balancing Risk/Cost/Safety (Calc of Risk) Flashcards
Tedla v. Ellman
[Junk seller hit - Custom (tension w/ statute and custom)] Violation of a statute is not automatically considered negligence if there is a good reason to depart from the dictates of the statute.
Trimarco v. Klein
[Shower glass - custom] Custom/industry standard does not, on its face prove reasonable care. It only provides evidence of what is reasonable under the circumstances and does not completely control - When proof of a customary practice is coupled with a showing that it was ignored and that this departure was a proximate cause of the accident, it may serve to establish liability.
Martin v. Herzog
[Buggy and car accident - statutory violation] The unexcused omission of statutory signals is negligence in itself. Important that this case involves the admitted violation of a statute intended for the protection of travelers on the highway
Gorris v. Scott
[Overboard sheep - statutory violation] In order for a court to adopt a criminal statute as establishing a civil standard of care, the plaintiff must show that (a) he was in the class of persons the statute was intended to protect and (b) the statute was designed to protect the class against the type of harm the plaintiff actually suffered. A claim that is brought under a specific statute must be directly related to the meaning and reasoning behind the statute.
United States v. Carroll Towing
[Barge sunk - calculus of risk] The HAND FORMULA: An equation to analyze the reasonableness of a conduct. Conduct is unreasonable (i.e., D has breached) if the probability and gravity of injury to third persons exceed the burden of adequate precautions and the social utility of the defendant’s conduct - Absent a reasonable excuse, barge owner’s failure to take reasonable steps to prevent unreasonable risk of barge breaking away in busy wartime harbor by manning barge with bargee is negligence.
The T.J Hooper
[Radios on tugs - calculus of risk/custom] Industry custom does not always establish reasonable prudence, when new technology or methodologies are available and accessible.
