California, United States of America
The following excerpt is from King v. Magnolia Homeowners Assn., 205 Cal.App.3d 1312, 253 Cal.Rptr. 140 (Cal. App. 1988):
[205 Cal.App.3d 1317] Thus the courts will not permit the defense of assumption of the risk in those situations where the plaintiff is in a class of persons unable to protect themselves. Most of the applications of this principle involve employees. An employer has a statutory duty to provide a safe place of employment (Lab.Code 6400) and the courts recognize that an employee is in no position to refuse to work under the conditions provided by the employer. (Fonseca v. County of Orange (1972) 28 Cal.App.3d 361, 368, 104 Cal.Rptr. 566.)
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