Stinnett v. Buchele

598 S.W.2d 469 (Ky. Ct. App. 1980)

 

RULE:

A violation of a regulation promulgated under the federal act does not give rise to an independent tort action by the employee against his employer.

 

 



FACTS:

Appellant farm employee was injured when he fell off a barn roof. He brought an action against the appellee farm employer that asserted negligence in the failure to comply with safety regulations that required the installation of safety nets for work in elevated areas and failure to provide a safe place to work. The trial court granted summary judgment to the farm employer because it determined that the safety regulations did not create an independent cause of action against an employer and there was no evidence that the farm employer had sufficient familiarity with the circumstances at the farm location that he had a duty to the farm employee to discharge. The farm employee asserted that the farm employee was required to provide a safe work place. The court affirmed the grant of summary judgment

ISSUE:

Did appellant have an independent cause of action against the appellee for negligence and failure to provide a safe work place?

ANSWER:

No.

CONCLUSION:

The failure to comply with the safety net regulations did not raise an independent cause of action against the farm employer and the farm employer was not the guarantor of absolute safety so that when the farm employee's knowledge was greater than that of the farm employer, the farm employer did not have a duty to the farm employee.

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