WI · jury_instructions
Wis JI-Civil 1019
Negligence: Evidence of Custom and Usage
Evidence has been received as to the (practice in the community) (custom in the trade
or work operation) (practice in the industry) with respect to (e.g., the use of 2 x 4's for
rafters) (installations of 3/8" plywood for subflooring) (standing on running board to guide
truck backing into shale pit). You should consider this evidence in determining whether
(defendant) acted with ordinary care. This evidence of practice is not conclusive as to what
meets the required standard for ordinary care or reasonable safety. What is generally done by
persons engaged in a similar activity has some bearing on what an ordinarily prudent person
would do under the same or like circumstances. Custom, however, cannot overcome the
requirement of reasonable safety and ordinary care. A practice which is obviously
unreasonable and dangerous cannot excuse a person from responsibility for carelessness. On
the other hand, a custom or practice which has a good safety record under similar conditions
could aid you in determining whether (defendant) was negligent.
History
Wis JI-Civil 1019 (1995). ©1995, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5fd85b4ba0ac2f73b79bb8de57378b1e7d3f8904dd65a207f2266f634de78ff7
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