Duty To Inform Self of Responsibilities
A person engaged in a special and potentially dangerous activity must know or inquire of possible hazards or of any special duties and responsibilities inherent in that activity that might affect their ability to exercise reasonable prudent caution (cf, Delair v. McAdoo, 324 Pa. 392, 188 A. 181 (1936) (driving on worn tires).) Custom and practice of usage may be useful evidence for determining the usual standard, but not determinative of what a reasonable prudent person ought to be required to do or know (cf., Trimarco v. Klein, 58 N.Y. 2d 98 (1982) (showerdoor glass).) As Justice Holmes classic statement expresses it, "What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it is complied with or not."
Read more about this topic: Standard Of Care
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