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11-8-104. Contributory negligence no bar to recovery.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-8-104. Contributory negligence no bar to recovery.
(a) In all actions brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 — 11-8-108 to recover damages for personal injuries to an employee, or where the injuries have resulted in his or her 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 and not by the court in proportion to the amount of negligence attributable to the employee.
(b) However, no 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 corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-8-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:11-8-104
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4157943bcfde1ee15e33c3e5166b8aadc3b1266eff888477bb904d37794de1d9
Source location: content.xml paragraph 3244
Stored source content
11-8-104. Contributory negligence no bar to recovery.
(a) In all actions brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 — 11-8-108 to recover damages for personal injuries to an employee, or where the injuries have resulted in his or her 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 and not by the court in proportion to the amount of negligence attributable to the employee.
(b) However, no 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 corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-8-101. Definition.
The word “corporation” as used in §§ 11-8-102 — 11-8-108, unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and operation of the business of the corporation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-8-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-8-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-8-108. Survival of cause of action.
Any right of action given by §§ 11-8-101 — 11-8-108 to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of the employee and, if none, then of the employee's parents and, if none, then of the next of kin of the employee, but in these cases, there shall be only one (1) recovery for the same injury.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-8-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-8-108. This identifies an authority to review, not proof of applicability.