The Fact
In The T.J. Hooper (1932), a federal appeals court held tugboat owners responsible for losing cargo in a storm because their boats had no radios to receive weather warnings — even though most tugboats at the time did not carry radios. Judge Learned Hand wrote that “a whole calling may have unduly lagged in the adoption of new and available devices. It never may set its own tests.” The case is still taught as a foundation for the rule that industry custom does not, by itself, set the standard of reasonable care.
What This Means
An entire industry can fall behind together. “That’s how everybody does it” describes a habit; it does not prove the habit is safe or reasonable.
Sources
- The T.J. Hooper, 60 F.2d 737 (2d Cir. 1932).
- Moffett, Peter, and Gregory Moore. “The Standard of Care: Legal History and Definitions: the Bad and Good News.” Western Journal of Emergency Medicine 12, no. 1 (2011). https://westjem.com/?p=2090