45 U.S.C. § 53 — Contributory negligence; diminution of damages
submitted 118 years ago by ch. 149 to r/title-45-RAILROADS · 134 words · no verdicts yet
In railroad injury lawsuits filed after April 22, 1908, a worker's own carelessness does not block their claim for damages. Instead, the jury reduces the damages by the worker's share of fault. A worker is never considered at fault if the railroad's violation of a safety law contributed to the injury.
In all actions on and after April 22, 1908 brought against any such common carrier by railroad under or by virtue of any of the provisions of this chapter to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Source credit: (Apr. 22, 1908, ch. 149, § 3, 35 Stat. 66.)
- 1908Enacted · Act of Apr. 22, 1908, ch. 149 · 35 Stat. 66
A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1908-04-22.
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