Richardson v. Harris

I cannot agree with the majority’s decision that it is a question of fact whether or not the work plaintiff was doing involved “risk or danger” within the purview of the Employers’ Liability Act.

The defect in the construction of the ladder created a risk of falling which is an uncommon risk not present in most other types of work and, therefore, would have brought defendant within the meaning of OES 654.305 if the injury in this case had resulted in falling from the ladder.

The defect in the construction of the ladder also created the risk of bumping one’s leg in climbing the ladder. But this…