Allsups Convenience Stores, Inc. v. Warren

In Allsups Convenience Stores, Inc. v. Warren, 934 S.W.2d 433 , 438 (Tex. App.-Amarillo 1996, writ denied) a Texas Court of Appeals considered several factors relevant to determining that an instrumentality was not necessary for the safe performance of an employees job: (1) the employee had never requested the instrumentality in question; (2) the employee had not complained that the task she was performing was unsafe; (3) the employee had safely performed the task in the past without injury; (4) there was no evidence that the instrumentality was commonly used in, or had been established by industry standards or customs as a safety measure for her job; (5) there was no evidence that a reasonably prudent employer would have provided such instrumentality; (6) there was no medical evidence that the instrumentality would have prevented the employees injury.