Federal · Title 45 — Railroads

45 U.S.C. § 53: Contributory negligence; diminution of damages

Civil

What this law says, in plain English

In lawsuits against railroads for employee injuries or death, contributory negligence does not bar recovery but reduces damages proportionally. Employees cannot be found contributorily negligent if the railroad violated safety statutes.

Read the full statutory text

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.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.