GA Code § 34-7-41 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 7 - Employment Generally; Employer's Liability|Article 3 - Employer's Liability for Injuries to Railroad Employees|§ 34-7-41. Liability of Common Carrier by Railroad for Personal Injury or Death of Employee Generally

 Every common carrier by railroad shall be liable in damages to any person suffering injury while he is employed by such carrier or, in case of death of such employee, to his or her personal representative, for the benefit of the surviving spouse or child or children of such employee; and if none, then of such employee's parents; and if none, then of the next of kin dependent upon such employee for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier or by reason of any defects or insufficiency, due to the carrier's negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment; provided, however, that there shall be no recovery under this Code section if the person killed or injured brought about his death or injury by his own carelessness amounting to a failure to exercise ordinary care or if he, by the exercise of ordinary care, could have avoided the consequences of the defendant's negligence. The measure of damages in case the injury results in death of the employee shall be that prescribed in Code Sections 51-4-1, 51-4-2, and 51-4-4; provided, however, that parties who may recover under this Code section, Code Sections 34-7-42 through 34-7-44, and Code Section 34-7-46 may sue and recover in their own names in the manner prescribed by Code Sections 51-4-2 and 51-4-4 in case no administrator or executor has been appointed at the time the action is filed. In case death shall result from injury to the employee, the employer shall be liable unless it, its agents, and its employees have exercised all ordinary and reasonable care and diligence, the presumption being in all cases against the employer. If death shall not result from the injury, the presumption of negligence shall be and remain as provided by law in case of injury received by an employee in the service of a railroad company.   (Ga. L. 1909, p. 160, § 1; Civil Code 1910, § 2782; Code 1933, § 66-401; Ga. L. 1986, p. 10, § 34.)   Cross references.   - Liability of principal for injuries to agent by other agents generally, § 10-6-39.    Liability of employer for torts of independent employee, § 51-2-4.   Law reviews.   - For article, "Actions for Wrongful Death in Georgia," see 9 Ga. B. J. 368 (1947). For article, "Actions for Wrongful Death in Georgia Part Three and Four," see 21 Ga. B. J. 339 (1959). For table covering actions for wrongful death in Georgia, see 10 Ga. B. J. 28 (1947).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Damages   Pleading and Practice    RESEARCH REFERENCES   Am. Jur. 2d.   - 32B Am. Jur. 2d, Federal Employers' Liability and Compensation Acts, § 14 et seq.   ALR.    - Intoxication as affecting contributory negligence of one killed or injured at a railroad crossing, 36 A.L.R. 336.    Employer's promise to remedy defect in instrumentality as affecting defense of assumption of risk or contributory negligence, 61 A.L.R. 901.    Constitutionality of statute which imposes liability enforceable in an action at law upon an employer not within workmen's compensation act, for injury to or death of employee, without fault on employer's part, 129 A.L.R. 1124.    Railroad employee injured while engaged in removing weeds, brush, etc., from roadbed or right of way, as within Federal Employers' Liability Act, 143 A.L.R. 481.    Employer's compliance with specific legal standard prescribed by or pursuant to statute for equipment, structure, or material, as defense to charge of negligence, 159 A.L.R. 870.    Liability of railroad for injury to alighting trainman as a result of condition of track or right of way, 172 A.L.R. 594.   Failure of equipment required by Federal Safety Appliance Acts as constituting actionable wrong, 16 A.L.R.2d 654.   Defect in appliance or equipment as proximate cause of injury to railroad employee in repair or investigation thereof, 30 A.L.R.2d 1192.   Finding of decedent's body on or near tracks as creating presumption or inference of railroad's negligence, or as affecting burden of proof relating thereto, 40 A.L.R.2d 881.   Duty of railroad company toward employee with respect to close clearance of objects alongside tracks, 50 A.L.R.2d 674.   Duty of railroad company to prevent injury of employee due to surface condition of yard, 57 A.L.R.2d 493.   Contributory negligence of railroad employee in jumping from moving train or car to avoid collision or other injury, 58 A.L.R.2d 1232.   Master's liability for servant's injury or death caused in whole or in part by act of God, 62 A.L.R.2d 796.   Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 A.L.R.3d 1039.   Right of spouse to maintain action for wrongful death as affected by fact that injury resulting in death occurred before marriage, 69 A.L.R.3d 1046.   Modern development of comparative negligence doctrine having applicability to negligence actions generally, 78 A.L.R.3d 339.   Employer's liability to employee or agent for injury or death resulting from assault or criminal attack by third person, 40 A.L.R.5th 1.