Trimarco v. Klein
Court of Appeals of New York
436 N.E.2d 502 (1982)
Trimarco (plaintiff) was injured when an ordinary (non-shatterproof) glass shower door shattered in his apartment, and he sued landlord Klein (defendant) for negligence, presenting expert testimony that shatterproof glass had been standard practice since the early 1950s and testimony from Klein's own managing agent that since 1965 it was customary to replace glass shower doors with safety materials; a jury found for Trimarco, but the Appellate Division reversed, holding Klein had no duty to replace the glass absent prior notice of danger.
Whether a party may be found liable for negligence for failing to make use of an accepted practice or custom, where that failure was the proximate cause of injuries.