Georgia § 46-8-291 - Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery.
Full text of Georgia Official Code of Georgia Annotated § 46-8-291 — Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery., with citation guidance and answers to common questions.
§ 46-8-291. Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery.
No person shall recover damages from a railroad company for injury to himself or his property where the same is done by his consent or is caused by his own negligence, provided that if the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of fault attributable to him. (Orig. Code 1863, § 2979; Code 1868, § 2980; Code 1873, § 3034; Code 1882, § 3034; Civil Code 1895, § 2322; Civil Code 1910, § 2781; Code 1933, § 94-703.) Law reviews. - For article discussing defenses to action for wrongful death in Georgia, see 22 Ga. B.J. 459 (1960). For article, "Reappraising the Jury's Role as Finder of Fact," see 20 Ga. L. Rev. 123 (1985). For note "Plaintiff's Last Clear Chance and Comparative Negligence in Georgia," see 6 Ga. St. B.J. 47 (1969). For comment on Aycock v. Callaway, 78 Ga. App. 219 , 51 S.E.2d 53 (1948), see 11 Ga. B.J. 495 (1949). For comment discussing Georgia's comparative negligence laws in light of Maki v. Frelk, 85 Ill. App. 2d 439, 229 N.E.2d 284 (1967), see 19 Mercer L. Rev. 486 (1968).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 46-8-291
What does Official Code of Georgia Annotated § 46-8-291 cover?
Section 46-8-291 ("Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery.") 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 § 46-8-291?
A common citation format is "Official Code of Georgia Annotated § 46-8-291" (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 § 46-8-291 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.