Personal injuries or death; assumption of risk; safe place to work;
defective tools
Sec. 3. In any action brought against any employer under or by
virtue of this chapter to recover damages for injuries or the death of
any of his, its, or their employees, such employee shall not be held
to have assumed the risks of the employment in any case where the
violation of such employer or his, its, or their agents or employees of
any ordinance or statute enacted, or of any rule, direction, or
regulation made by any public officer or commission, contributed to
the injury or death of such employee; nor shall such injured
employee be held to have assumed the risk of the employment where
the injury complained of resulted from his obedience to any order or
direction of the employer or of any employee to whose orders or
directions he was under obligations to conform or obey although
such order or direction was a deviation from other orders or
directions or rules previously made by such employer. In any action
brought against any employer under the provisions of this chapter to
recover damages for injury to or the death of any of his, its, or their
employees, such employee shall not be held to have assumed the risk
of any defect in the place of work furnished to such employee, or in
the tool, implement, or appliance furnished him by such employer,
where such defect was, prior to such injury, known to such employer,
or by the exercise of ordinary care might have been known to him in
time to have repaired the same or to have discontinued the use of
such defective working place, tool, implement, or appliance. The
burden of proving that such employer did not know of such defect or
that he was not chargeable with knowledge thereof in time to have
repaired the same or to have discontinued the use of such working
place, tool, implement, or appliance shall be on the defendant, but
the same may be proved under the general denial.
(Formerly: Acts 1911, c.88, s.3.) As amended by P.L.144-1986,
SEC.78.
Last modified: May 27, 2006