Official Code of Georgia Annotated

Title 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION · Chapter 8. RAILROAD COMPANIES · Article 10. LIABILITY OF COMPANIES FOR DAMAGES GENERALLY

46-8-291. Consent and contributory negligence as defenses; comparative negligence as affecting amount of recovery.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

No person shall recover damages from a railroad company for injury to himself or his property where the same is done by his consent or is caused by his own negligence, provided that, if the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished by the jury in proportion to the amount of fault attributable to him.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2979; Code 1868, § 2980; Code 1873, § 3034; Code 1882, § 3034; Civil Code 1895, § 2322; Civil Code 1910, § 2781; Code 1933, § 94-703; Ga. L. 2025, p. 1029, § 46(59)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, inserted a comma following “provided that”.

Law reviews

For comment on Aycock v. Callaway, 78 Ga. App. 219, 51 S.E.2d 53 (1948), see 11 Ga. B.J. 495 (1949). For article discussing defenses to action for wrongful death in Georgia, see 22 Ga. B.J. 459 (1960). For comment discussing Georgia’s comparative negligence laws in light of Maki v. Frelk, 85 Ill. App. 2d 439, 229 N.E.2d 284 (1967), see 19 Mercer L. Rev. 486 (1968). For note, “Plaintiff’s Last Clear Chance and Comparative Negligence in Georgia,” see 6 Ga. St. B. J. 47 (1969). For article, “Reappraising the Jury’s Role as Finder of Fact,” see 20 Ga. L. Rev. 123 (1985).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t46-(v34)-2025-pdf.pdf, Volume V34, 2025 edition, pages 739 to 740; merge action: bound only; file SHA-256 53ab60ae5027.