50 HOLLAND - INSURANCE AND THRIFT 



icles 1,401-1,407 of the Civil Code, in which the general principle is laid down 

 that every person is liable for loss suffered by others through his fault, neg- 

 ligence or imprudence, or through persons and things for which he is respons- 

 ible. But, as effective proof of such responsibility is very difficult to obtain, 

 the labourers, on whom, according to these provisions, the burden of the 

 proof fell, but seldom succeeded in making good their claim to compensation. 

 In very many cases, which rightly or wrongly were considered purely accid- 

 ental, the labourers alone suffered, unless the masters thought of giving 

 them assistance for a longer or shorter time. And thus many labourers, 

 victims of accidents, could only be saved from economic ruin by private 

 or public charity. 



The provisions with regard to the labour contract issued in 1907 give 

 special sanction to three principles of great importance for agricultural 

 labourers. 



By article 1,638-c of the Civil Code the master is obliged to continue 

 payment of wages, for a comparatively short period, to the labourer in- 

 capacitated for work through sickness or accident, always provided that 

 the sickness or accident cannot be proved to be due to a voluntary action 

 of the labourer, to his imprudence or to infirmity he has kept concealed. 



Article 1.6.38-x obliges the master to provide that the workrooms, 

 the furniture and the implements used in the business are and are kept in 

 such a condition that the labourer may be " protected from any danger to 

 his Ufe, morals or property, as far as is compatible with justice and with the 

 nature of the work." Whoever fails in this duty is bound to compensate 

 the labourer in full for any loss, unless serious culpability can be proved 

 against him, or in case of unavoidable accidents. In case of mortal accid- 

 ents, the consort, children and parents of the victim have a claim to 

 compensation if dependent on his labour. 



In terms of article 1,638-y, the master is bound, in case of sickness 

 of or accident to his servants hving with him, to make provision for the 

 necessary medical attendance and treatment for six weeks, unless this 

 has already been provided for in some other way. The labourer may be 

 called on to repay the amount expended in the fifth and sixth weeks, but 

 that for the first four weeks must be paid by the master, unless the sickness 

 or accident is to be ascribed to intentional act on the part of the labourer, 

 his imprudence or an infirmity he has kept concealed. 



Thus, since 1907, the duty of the farmers to provide for their workmen 

 in cases of sickness or accident is considerably greater. Yet the need of 

 insuring agricultural labourers against accidents still exists : the above 

 provisions give them a right to compensation from their employers only 

 when the accident is due to the defective equipment of the farm. In no 

 case of purely fortuitous accident, can they claim compensation any more 

 than before. If the farmers were to be made liable in the case of all accid- 

 ents, without a distribution of risks among a number of them, most of 

 them would have to meet liabilities far beyond their resources. So, in any 

 case, the passing of a law on agricultural accident insurance is only a 

 question of time. 



