Is a servant who knowingly works on dangerous premises or with defective plant or tools entitled to damages from their employer?

Saskatchewan, Canada


The following excerpt is from Nielsen v. Redel, 1954 CanLII 194 (SK CA):

In Salmond on Torts, 11th ed., p. 46, Smith v. Baker & Sons, supra, is referred to as settling the principle that a servant who knowingly works on dangerous premises or with defective plant or tools is not for that reason ipso facto debarred from seeking damages from the employer when an accident happens. The learned author states: “The question is not whether he knew of the danger, but whether in fact he agreed to run the risk, in the sense that he exempted his employer from his duty not to create the danger and agreed to take the chance of an accident. Knowledge of the danger may be evidence of such an agreement, but it is nothing more.”

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