§ 22-3-9-3 — Personal injuries or death; assumption of risk; safe place to work; defective tools

In any action brought against any employer
under or by virtue of this chapter to recover damages for injuries or the
death of any of his, its, or their employees, such employee shall not be
held to have assumed the risks of the employment in any case where
the violation of such employer or his, its, or their agents or employees
of any ordinance or statute enacted, or of any rule, direction, or
regulation made by any public officer or commission, contributed to the
injury or death of such employee; nor shall such injured employee be
held to have assumed the risk of the employment where the injury
complained of resulted from his obedience to any order or direction of
the employer or of any employee to whose orders or directions he was
under obligations to conform or obey although such order or direction
was a deviation from other orders or directions or rules previously
made by such employer. In any action brought against any employer
under the provisions of this chapter to recover damages for injury to or
the death of any of his, its, or their employees, such employee shall not
be held to have assumed the risk of any defect in the place of work
furnished to such employee, or in the tool, implement, or appliance
furnished him by such employer, where such defect was, prior to such
injury, known to such employer, or by the exercise of ordinary care
might have been known to him in time to have repaired the same or to
have discontinued the use of such defective working place, tool,
implement, or appliance. The burden of proving that such employer did
not know of such defect or that he was not chargeable with knowledge
thereof in time to have repaired the same or to have discontinued the
use of such working place, tool, implement, or appliance shall be on the
defendant, but the same may be proved under the general denial.
Formerly: Acts 1911, c.88, s.3. As amended by P.L.144-1986,
SEC.78.