Marshment v. Borgstrom
Workplace Injury: Employer Liable for Unsafe Equipment and Negligence
Summary
A personal injury case involving an employee who was injured when a fly-wheel of a portable sawing outfit burst due to excessive speed. The court addressed whether the defendant breached their duty of care by failing to ensure proper equipment and competent operation, and whether the plaintiff voluntarily assumed the risk of injury. The plaintiff was awarded $4,000 in damages for amputation of a leg, including expenses and loss of earning capacity.
Outcome
Plaintiff awarded $4,000 in damages, including $458 for expenses.
Award
Plaintiff awarded $4,000 in damages, including $458 for expenses, based on loss of earning capacity, pain and suffering, and out-of-pocket expenses.
Key Factors
- employer liability
- duty of care
- workplace injury
- volenti non fit injuria
- independent contractor vs. servant
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.