Lamson v. American Axe & Tool Co. 1900
Assumption of the Risk Torts – pg360 – 11/5/09
Parties: Π – Employee ∆ - Employer Procedural History: - Directed jury for ∆ Facts: - π reported that a new axe rack was more dangerous than the previous in that axes (when paint was drying) fell frequently when jostled by machinery - ∆ told him to use the racks or leave Legal Issue: When an employee is aware of a risk and is told that it will not be corrected can he hold that employer liable when the risk is realized? Holding: No. An employee assumes the risk once he knowingly stays in unsafe conditions and is injured by that risk. Reasoning: - π knew the danger better than anyone - “perfectly understood” - Risk not caused by ∆ negligence - Doesn’t matter if losing his job kept him there Disposition: Affirmed Dissent/Concurrence: N/A