An employer's non-delegable duty to provide a safe system of work on a farm extends to marking or making visible temporary gates across laneways regularly traversed by employees on motorcycles, even where the employee constructed the gates and was an experienced farmer. Where a breach of duty is established and an injury of the foreseeable kind occurs, causation may be inferred from circumstantial evidence even where the employee has no recollection of the accident, with an evidentiary onus shifting to the employer to show the breach did not materially contribute to the injury.
The full text is available to signed-in members.