Georgia § 34-7-42 - Contributory negligence of employee.

Full text of Georgia Official Code of Georgia Annotated § 34-7-42 — Contributory negligence of employee., with citation guidance and answers to common questions.

§ 34-7-42. Contributory negligence of employee.

In all actions brought against any common carrier by railroad under or by virtue of any of the provisions of this Code section, Code Section 34-7-41, 34-7-43, 34-7-44, or 34-7-46 to recover damages for personal injuries to an employee or for death of an employee where such injuries have resulted in death, the fact that the employee may have been guilty of contributory negligence, not amounting to a failure to exercise ordinary care, 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, however, 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 the common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee. (Ga. L. 1909, p. 160, § 2; Civil Code 1910, § 2783; Code 1933, § 66-402.) Cross references. - Effect of failure of plaintiff to avoid consequences of defendant's negligence generally, § 51-11-7 .

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 34-7-42

What does Official Code of Georgia Annotated § 34-7-42 cover?

Section 34-7-42 ("Contributory negligence of employee.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Georgia § 34-7-42?

A common citation format is "Official Code of Georgia Annotated § 34-7-42" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Georgia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.

How does Georgia § 34-7-42 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.