Personal injuries or death; contributory negligence; burden of
proof
Sec. 2. In any action prosecuted under the provisions of this
chapter the burden of proving that such injured or killed employee
did not use due care and diligence at the time of such injury or death
shall be upon the defendant, but the same may be proved under the
general denial. No such employee who may have been injured or
killed shall be held to have been guilty of negligence or contributory
negligence by reason of the assumption of the risk thereof in any case
where the violation by the employer or his, its, or their agents or
employees of any ordinance or statute enacted, or of any rule,
regulation, or direction made by any public officer, bureau, or
commission, was the cause of the injury or death of such employee.
In actions brought against any employer under the provisions of this
chapter for the injury or death of any employee, it shall not be a
defense that the dangers or hazards inherent or apparent in the
employment in which such injured employee was engaged
contributed to such injury. No such injured employee shall be held
to have been guilty of negligence or contributory negligence where
the injury complained of resulted from such employee's obedience or
conformity to any order or direction of the employer or of any
employee to whose orders or directions he was under obligation to
conform or obey, although such order or direction was a deviation
from other rules, orders, or directions previously made by such
employer.
(Formerly: Acts 1911, c.88, s.2.) As amended by P.L.144-1986,
SEC.77.
Last modified: May 27, 2006