Custom Evidence

Custom is relevant but not conclusive of reasonable care.

Representative cases

• Maethner v. Someplace Safe, Inc. 929 N.W.2d 868 · Supreme Court of Minnesota
• Holcomb v. Colonial Associates, L.L.C. 597 S.E.2d 710 · Supreme Court of North Carolina
• Matthews v. Kincaid 746 P.2d 470 · Alaska Supreme Court

Related Negligence rules

• Negligence: DutyDuty requires defendant to exercise reasonable care under the circumstances to avoid foreseeable risks of harm.
• Standard of Care: Reasonable PersonStandard is objective; mental impairments irrelevant; physical disabilities incorporated.
• Professionals StandardProfessionals must meet the skill and knowledge of the average practitioner in the community.
• Informed ConsentDoctors must disclose risks a reasonable patient would consider material.
• Negligence Per SeViolation of a safety statute establishes duty and breach if plaintiff is in protected class and risk matches…
• Duty to RescueGenerally no duty to rescue absent special relationship or assumption of duty.
• Special RelationshipsRelationships like carrier-passenger or innkeeper-guest create affirmative duties of protection.
• Negligent Infliction of Emotional DistressNIED requires physical danger, zone-of-danger exposure, or bystander presence with close relationship.

Part of Torts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.