The T.J. Hooper
United States Court of Appeals for the Second Circuit
60 F.2d 737 (2d Cir. 1932)
Relevant factsFree
On appeal from the district court's negligence ruling in the same coal-barge storm-loss dispute, the tugboat operator (defendant) argued that because radio use, while common, was not the uniform custom throughout the entire tugboat industry, it could not be held to a duty to have radios aboard. Neither of its tugboats carried a working radio, while four others nearby did, received storm warnings, and reached safe harbor.
IssueFree
Whether a business can be found negligent for failing to adopt a safety technology that promotes reasonable prudence, even if the technology has not become the universal custom throughout its entire industry.