Elledge v. Richland/Lexington School District Five
South Carolina Court of Appeals
534 S.E.2d 289 (2001)
A modification to a school playground's monkey bars -- removing a supporting bench, adding mounting tires, but never adding handrails or a non-slip surface -- was made by a non-engineer sales representative, and after nine-year-old Elledge (plaintiff, through her mother) fractured her leg falling from the modified bars, the trial court excluded evidence of Consumer Products Safety Commission guidelines and ASTM playground-equipment standards, reasoning those standards would only be admissible if the school had adopted them; the jury found for the school district.
Whether evidence of industry standards, customs, and practices may be considered by a jury when determining whether a defendant is negligent.