Title 2801 · CA
California Code, LAB 2801.
Citation: Cal. § LAB-2801
Section: LAB-2801
California Code, LAB 2801.
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Code: Select Code CONS BPC CIV CCP COM CORP EDC ELEC EVID FAM FIN FGC FAC GOV HNC HSC INS LAB MVC PEN PROB PCC PRC PUC RTC SHC UIC VEH WAT WIC Article:Section:
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Labor Code - LAB
DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] Â Â ( Division 3 enacted by Stats. 1937, Ch. 90. ) Â Â CHAPTER 2. Employer and Employee [2750 - 2930] Â Â ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) Â Â
ARTICLE 2. Obligations of Employer [2800 - 2810.8] Â Â ( Article 2 enacted by Stats. 1937, Ch. 90. )
  2801.  In any action to recover damages for a personal injury sustained within this State by an employee while engaged in the line of his duty or the course of his employment as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary or reasonable care of the employer, or of any officer, agent or servant of the employer, the fact that such employee has been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was slight and that of the employer was gross, in comparison, but the damages may be diminished by the jury in proportion to the amount of negligence attributable to such employee. It shall be conclusively presumed that such employee was not guilty of contributory negligence in any case where the violation of any law enacted for the safety of employees contributed to such employeeâs injury. It shall not be a defense that: (a) The employee either expressly or impliedly assumed the risk of the hazard complained of. (b) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow servant. No contract, or regulation, shall exempt the employer from any provisions of this section. (Enacted by Stats. 1937, Ch. 90.)