Section 2801 Of Article 2. Obligations Of Employer From California Labor Code >> Division 3. >> Chapter 2. >> Article 2.
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
employee's 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.