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  1. Overview: Arizona Constitutional Convention (1910) [2023 Edition]
  2. Full Record: Arizona Constitutional Convention (1910) [2023 Edition]
  3. Committee:Convention
  4. Session: 1910-10-24 09:00:00
  5. Event type: CREATE

Arizona Constitutional Convention (1910) [2023 Edition]

Convention

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Document introduced in:

Session 15858: 1910-10-24 09:00:00

The Convention considers Propositions Number 84 to 90, which are read the first time and referred to the Committee on Printing. Propositions Number 22, 24, 26, 29 to 34, 36, 37, 39, 42, 49, 53, and 56 are read a second time. The Committee on Finance presents a report, which is adopted.

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Proposition Number 88 - Employer's Liability

There are 0 proposed amendments related to this document on which decisions have not been taken.

A PROPOSITION

No. 88

Introduced by Mr. Cunniff, of Yavapai County.

A Proposition Relative to Employer’s Liability.

IT IS HEREBY PROPOSED:

Section 1. The Legislature shall enact, to protect the safety of employees in all hazardous occupations in mining, smelting, manufacturing, railroad or street railway transportation, or any other industry, an employer’s liability laws, which shall make any employer, whether individual, association, or corporation, liable for the death or injury of any employee in the service of such employer in such a hazardous occupation in all cases in which the death or injury of such employee by accident due to a condition or conditions of such industry shall not have been caused wholly by the negligence of the employee killed or injured.

Section 2. No law shall be enacted and no rule of law shall be recognized in the State of Arizona whereby the defense of “fellow servant” or the defense of “assumption of risk” shall be recognized in actions to recover damages in cases of injury or death covered in the first section of this article; and any defense of “contributory negligence” permitted by statute or by any court in such cases shall be matter of determination by a jury, who shall decide to what extent damages shall be allowed in proportion to any degree of negligence, less than complete and wilful negligence, provided that whenever any defense of contributory negligence shall be set up, the presumption shall be that there has been no contributory negligence on the part of the individual killed or injured, and the burden of proof of the asserted contributory negligence shall be upon the defendant.

Section 3. No waiver by contract of right to recover damages under this Article shall be valid.

Section 4. Nothing in this article shall be construed as forbidding the law making power to enact a law or laws establishing a system of compulsory compensation for injury or death of employees in hazardous occupations provided that such law does not abrogate any of the provisions of the employer’s liability law or laws described in this Article, or any rights under said provisions.

Section 5. There shall be no statutory limitation of the amount recoverable as damages in such cases of death or injury by accident as are described in Section 1 of this Article.

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