Custom refers to the general practice of the industry, not to the way in which the individual acts on other occasions. There is no suggestion that there was a custom in the industry to have handles of a different type.

Under a traditional test Swifty might be negligent if had reasonable time to discover the hazard and to remove it. Or it might be liable under a more liberal test if these kinds of hazards were so common that it should have foreseen them.

Can the plaintiff use res ipsa loquitor to show negligence here?

Link back to assignment 4.