The Role of Custom and Statutes in Determining Negligence

Question 1

Role of Custom

Answer 1

vague and fact based; jury has discretion to decide if custom is relevant
– Base relevance on due care, feasibility…etc.

Question 2

Role of Statutes

Answer 2

Strict and specific; jury has little to no discretion about relevance of statute

Question 3

Negligence Per Se

Answer 3

an act is considered negligent because it violates a statute

Question 4

RESTMENT 3d, §14

Answer 4

An actor is negligent if, without excuse, the actor violates a statute that is designated to protect against the type of accident the actor’s conduct causes and if the victim is within the class of persons the statute is designed to protect

Question 5

Role of Judge and Jury in Custom

Answer 5

Jury can look to custom as valid evidence of negligence but it is NOT automatic liability
– jury can decide if custom is reasonable or if they should base on RPS
(Trimarco)

Question 6

Role of Judge and Jury in Statute

Answer 6

Martin: Judge determines if the law has been broken; if the law was about safety, jury finds negligent if there was a violation

Tedla: Judge determines if the law has been broken; jury decides based on circumstances if you’re negligent

RSTMNT: Judge determines if the statute is applicable to this situation; Jury decides if there was a violation