OHS 208 Lecture Notes - Lecture 2: Implied Warranty, Nuisance, Caveat Emptor

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Prior to the 1700 -1800"s, the issues of workplace safety were not really an issue the world was agricultural. Then came the industrial revolution and the introduction of steam engines, and large power sources. Workplace injuries were now far more severe as well as far more frequent, and there were more workers as urbanization began. Over the course of a century and a half, cities grew, and industrialized. Consequently, questions such as the following arose: Historical common law defences: volenti non fit injuria . To him that is willing, no harm is done . If a worker knows of hazards on his job and consents to to doing the job, he shouldn"t blame the employer if injured: doctrine of common employment. The doctrine absolve the employer who would have been vicariously liable: contributory negligence. Under this rule, employer is absolved of any responsibility where the worker to have contributed to the cause of the injury can be proven.

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