Bowersock v. Smith
Headline: Court upholds Kansas law requiring factory machine guards and holds owners liable even when an employee agreed to provide safeguards, protecting workers and limiting old common law defenses
Holding: The Court affirmed that the Kansas safety statute is constitutional: it requires owners to provide machine safeguards, bars common law defenses, and makes owners liable even if an employee agreed to guard machinery.
- Requires factory owners to install and maintain machine guards to protect workers.
- Prevents owners from avoiding liability by contract with employees.
- Bars common law defenses like contributory negligence or assumption of risk in these suits.
Summary
Background
A Kansas law required factory machinery to be safely guarded and allowed workers or their representatives to sue if lack of safeguards caused death or injury. A superintendent named Smith was killed while adjusting unguarded dryer rolls. His personal representative sued the factory owner, saying the guards were practicable but not provided. The owner argued guards were not practicable, claimed Smith was contributorily negligent, and pointed to Smith’s employment agreement that assigned him responsibility for safeguards.
Reasoning
The Court considered whether the statute could constitutionally impose an absolute duty on owners and bar common law defenses. It explained that legislatures may require safety protections, place the burden on owners to prove compliance, and eliminate defenses like contributory negligence, assumption of risk, and fellow-servant in such statutory suits. The Court held the owner’s duty to provide safeguards was absolute and could not be avoided by contract with an employee. The ruling applies equally to individual owners and corporations, so the challenge under the Fourteenth Amendment failed.
Real world impact
As affirmed, the decision means factory owners covered by the statute must provide and keep effective machine guards and cannot escape liability by contract with employees. Workers of every rank, including supervisors, can recover when lack of required safeguards directly causes injury or death. Owners bear the burden of proving they complied with the safety law when sued.
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