The Legal Liability of Employers for Inquiries to Their Employees, in the United States - Couverture souple
Présentation de l'éditeur
In such cases as these, or when temporarily abnormal conditions prevail, ordinary care is advanced far beyond the requirements of the less dangerous conditions. On the other hand, care may lawfully be relaxed if the risk is unusually slight or if a device is for a specific and transitory use. The general rule as to care is qualified by the youthfulness or inexperience of an employee, a greater degree of care being commonly required for the protection of such persons; noris the master relieved by the fact that a servant of tender years misrepresented his age in order to secure the employment. () PLACE AND INSTETTMENTALITIES. Tools and appliances. In accordance with the rule as to due care, the obligation rests on the master to supply tools and appliances that are reasonably safe for the intended use and reasonably well adapted to perform the work in contemplation. These miist be provided at the place of use or at a place of such ease of access as to be reasonably procurable. Place and materials. Closely related is the duty to provide a safe place to work and proper material for use, the measure still being not absolute but reasonable or adequate safety. The distinction bet Aveen place and appliance is not an easy one to draw, though the courts are stricter in their requirements as to the former than to the latter. Thus, if a scaffold furnished by an employer be regarded as a place to work, he is responsible not only for the materials supplied, but also for the construction and maintenance; while if it be viewed only as an appliance, he must make reasonable provision therefor, but its insufficiency, if such there be, may be laid to the account of the fellowworkmen of an injured employee, or perhaps to his own negligence in erection. () New devices. What may be required in the waj of improvement and alteration or in the adoption of new devices to accomplish the
(Typographical errors above are due to OCR software and don't occur in the book.)
Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.
