§ 11-8-104 - Contributory negligence no bar to recovery.
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.