Goulding Fertilizer Co. v. Watts

Citations

• 63 Fla. 155

Syllabus

<p>1. In an action for personal injury caused by dangerous acids escaping from a cock or valve, a plea that the plaintiff assumed the risk of the operation of the cock with full knowl- ' .edge of the condition of the cock, is subject to demurrer when the declaration alleges the dangers of the escaping acid and there is no averment in the plea that the plaintiff knew of and appreciated or reasonably should have known of and appreciated the risks and probable consequences of the use of the cock in its then condition.</p> <p>2. An employer is in law bound to know the dangers and risks to personal safety that are incident to the business in which he employs others, and if an employee does not know of and appreciate the risks of his employment, he does not assume them.</p> <p>3. If the employer knew or reasonably should have known that an employee did not know of or appreciate the risks and dangers of the employment, and the employer does not duly advise the employee of the danger and risks, the employer may be liable for an injury proximately resulting from the employer's want of knowledge of the dangers.</p> <p>4. Where an employee is inexperienced in hazardous labor that he is directed to perform and does not know of and is not duly informed of the dangers and risks of the employment he undertakes, the employer is liable for injuries proximately resulting from defects in the instrumentalities or appliances used when the injured employee knew of the defects but not of the dangers and risks that attended the use of the defective appliance and dangerous instrumentalities, where negligence of the employee does not contribute to his injury.</p> <p>5. Where an inexperienced employee is without his fault injured by the unnatural or uncontrolled escape of acid from a leaking cock or valve he is operating, he may recover damages for injury even though he knew the cock leaked a little, if he did not know of the dangers of the acid that suddenly and with force escaped from the d