Title 45, RailroadsRelease 119-102
§53 Contributory Negligence; Diminution of Damages
Title 45 › CHAPTER 2 — LIABILITY FOR INJURIES TO EMPLOYEES › § 53
Summary
For lawsuits filed on or after April 22, 1908 under this chapter against a railroad for an employee's injury or death, an employee's fault does not stop recovery. A jury reduces damages by their share. If the railroad broke a safety law that helped cause harm, the employee is not held at fault.
Full Legal Text
Title 45, §53
Railroads, Source: USLM XML via OLRC
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.
Reference
Citations & Metadata
Citation
45 U.S.C. § 53
Title 45, Railroads
Last Updated
Aug 21, 2026
Release point: 119-102