BAYNE V. TODD SHIPYARDS CORP.
568 P.2d 771 (1977)
NATURE OF THE CASE: Bayne (P) appealed a judgment for Todd (D) in P's suit for bodily
injuries.
FACTS: P sued for personal injuries from unloading goods being delivered to D's premises.
P was an employee of the trucking company engaged in the delivery. P fell from a loading
platform. P contends that D's loading platform lacked a guardrail required by a safety
standard regulation promulgated by the Department of Labor and Industries, pursuant to
statute. The trial court refused to instruct that violation of that administrative
regulation was negligence per se, but did instruct that it was evidence of negligence. D got
the verdict. P appealed. The Court of Appeals affirmed. P appealed again. The statute
imposed a duty upon the Director of Labor and Industries to promulgate safety regulations to
furnish workers a place of work which is as safe as is reasonable and practicable under the
circumstances, surroundings and conditions. The Director of Labor and Industries adopted WAC
296-25-515: (1) All elevated walks, runways or platforms, except on loading or unloading
sides of platforms, if four feet or more from the floor level, shall be provided with a
standard railing on platforms. If height exceeds six feet, a toe-board shall be provided, to
prevent material from rolling or falling off.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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