Browse Arkansas Code titles and sections
23-12-505. Death or injury of employee — Contributory negligence.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-12-505. Death or injury of employee — Contributory negligence.
(a) In all rights of action arising within, or by virtue of, this section and §§ 23-12-501 — 23-12-504, 23-12-506 and 23-12-507 for personal injury to an employee, or where an injury has resulted in his or her death, the fact that an employee may have been guilty of contributory negligence shall not bar a recovery if the negligence of the employee was of a lesser degree than the negligence of the common carrier, its officers, agents, or employees.
(b) 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 common carrier or its officials, agents, or employees of any law enacted for the safety of employees or persons contributed to the injury or death of the employee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-12-505
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:23-12-505
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 43dc5b6f594bb5f36ea80bbe426dfe097e84f18f937cabb3ee02b1ed94f4df41
Source location: content.xml paragraph 7258
Stored source content
23-12-505. Death or injury of employee — Contributory negligence.
(a) In all rights of action arising within, or by virtue of, this section and §§ 23-12-501 — 23-12-504, 23-12-506 and 23-12-507 for personal injury to an employee, or where an injury has resulted in his or her death, the fact that an employee may have been guilty of contributory negligence shall not bar a recovery if the negligence of the employee was of a lesser degree than the negligence of the common carrier, its officers, agents, or employees.
(b) 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 common carrier or its officials, agents, or employees of any law enacted for the safety of employees or persons contributed to the injury or death of the employee.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-12-501. Definitions for §§ 23-12-501 — 23-12-507.
As used in this section and §§ 23-12-502 — 23-12-507, unless the context otherwise requires, “common carrier by railroad” or “common carrier” shall be taken to embrace any company, association, corporation, or person managing, maintaining, operating, or in possession of a common carrier operating upon rails or tracks in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-12-501
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 23-12-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-12-504. Death or injury caused by defective cars, appliances, etc. — Presumption of knowledge — Prima facie evidence of negligence.
(a) If the employee of any common carrier shall receive any injury or shall be killed by reason of any defect in any cars, engines, motors, appliances, machinery, tracks, roadbeds, works, wharves, or other equipment owned, operated, or used by the common carrier, the common carrier shall be deemed to have had knowledge of the defect before and at the time the injury is sustained or death caused.
(b) When the fact of the defect shall be made to appear in the trial of any action in the courts of this state brought by the employee or his or her personal or legal representative against any common carrier for damages on account of injuries so received or death so caused, the fact of the defect shall be prima facie evidence of negligence on the part of the common carrier.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-12-504
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 23-12-504. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-12-506. Death or injury of employee — No assumption of risk.
An employee shall not be held to have assumed the risk of his or her employment in any action arising out of any of the provisions of this section and §§ 23-12-501 — 23-12-505, and 23-12-507.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-12-506
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 23-12-506. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-12-507. Death or injury of employee — Contracts of employment or indemnity insurance no defense — Setoff by employer.
(a) No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee nor the acceptance of any insurance, relief benefit, or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to, or death of, the employees.
(b) However, upon the trial of the action, the defendant may set off therein any sum it has contributed toward any insurance, relief benefit, or indemnity that may have been paid to the injured employee, or, in case of death, to his or her personal or legal representative.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-12-507
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 23-12-507. This identifies an authority to review, not proof of applicability.