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Tom is an experienced welder employed by a construction company. During a welding task, he uses a defective welding machine that his employer failed to maintain properly. As a result, Tom suffers severe burns and decides to sue his employer for negligence.
Which of the following best describes the employer's duty of care towards Tom?
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Employers have a duty of care to provide a safe working environment and ensure that equipment is properly maintained. This duty exists regardless of the employee's experience. In this case, the employer's failure to maintain the welding machine properly constitutes a breach of their duty of care, making them liable for Tom's injuries.
Key Point: Employers must provide a safe working environment and maintain equipment properly. This duty is not negated by the employee's experience and applies regardless of the employer's knowledge of specific defects.
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