Section 12.4 Industry Custom

• Library: Evidence 2017

C. (§12.4) Industry Custom

Evidence of industry custom is generally admissible if probative and supported by adequate foundation. See Stone v. Crown Diversified Indus. Corp., 9 S.W.3d 659, 670 (Mo. App. E.D. 1999). But counsel should realize that customs and usage evidence does not set the legal standard of care. Id.; see also Anderson v. Malloy, 700 F.2d 1208 (8^th Cir. 1983). In fact, even if the evidence of custom and practice is unchallenged, a court may disregard it and find that the custom fails to require conduct that rises to the level of ordinary care. See Lane v. Amsted Indus., Inc., 779 S.W.2d 754 (Mo. App. W.D. 1989) (evidence of the American National Standards Institute standards and customs was relevant at the time of admission and was used in good faith and to a lawful end). Although industry customs or standards do not establish a legal standard of care, evidence of industry standards is generally admissible as proof of whether a duty of care was breached. See Eagleburger v. Emerson Elec. Co., 794 S.W.2d 210, 231 (Mo. App. S.D. 1990) (citing Pierce v. Platte-Clay Elec. Coop., Inc., 769...