Sec. 112.153. CONTRIBUTORY NEGLIGENCE. (a) In an action under Section 112.152, the employee's contributory negligence is not a bar to recovery but the fact finder shall reduce the employee's damages in proportion to the amount of contributory negligence attributable to the employee.
(b) An employee may not be found contributorily negligent in a case in which the railroad operator's violation of a statute enacted for the safety of employees contributed to the employee's injury or death.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.
Structure Texas Statutes
Subtitle C - Railroads Generally
Chapter 112 - Powers and Duties of Railroads
Subchapter D. Liability for Injuries to Employees
Section 112.151. Applicability of Subchapter
Section 112.152. Liability Generally for Injury to or Death of Employee
Section 112.153. Contributory Negligence
Section 112.155. Certain Provisions Void
Section 112.156. Liability Offset