In all actions brought against any such common carrier to recover damages for personal injuries to any employee or when such injuries have resulted in his death, the fact that such employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; and no such employee, who may be injured or killed, shall be held to have been guilty of contributory negligence in any case when the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
§ 8.01-58.Contributory negligence no bar to recovery; violation of safety appliance acts.
Chapter 3. Actions · Article 6. Injuries to Railroad Employees · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-58 replaces the ordinary contributory-negligence bar with comparative fault for railroad employees injured or killed under § 8.01-57, reducing damages in proportion to the employee’s own negligence, and it strips away any finding of contributory negligence where the carrier’s violation of an employee-safety statute contributed to the injury.
Full Text of § 8.01-58
Plain-English Summary
Section 8.01-58 departs from Virginia’s usual rule that any contributory negligence completely bars a plaintiff’s recovery. In actions against a common carrier for a railroad employee’s personal injury or death, an employee’s own contributory negligence does not bar recovery at all — instead, the jury reduces the damages in proportion to the amount of negligence attributable to the employee, a comparative-fault approach unusual within Virginia’s otherwise strict contributory-negligence system.
The section goes further where the carrier itself broke the law: no injured or killed employee is deemed to have been contributorily negligent in any case where the carrier’s violation of a statute enacted for employee safety contributed to the injury or death. In that circumstance, the employee’s own conduct cannot reduce the recovery at all.
Frequently Asked Questions
Does an injured railroad employee’s own negligence bar recovery in Virginia?
No, not under this section. Unlike Virginia’s ordinary contributory-negligence rule, § 8.01-58 reduces the employee’s damages in proportion to their own negligence rather than barring recovery entirely.
How is this different from Virginia’s general negligence rule?
Virginia generally applies a strict contributory-negligence bar, where any fault by the plaintiff defeats the claim. This section instead applies a comparative-fault approach specific to railroad employees covered by § 8.01-57.
Can an employee’s contributory negligence ever be disregarded entirely?
Yes. If the carrier’s violation of a safety statute enacted for employees contributed to the injury or death, the employee cannot be found contributorily negligent at all, and damages are not reduced on that basis.
What kind of statute triggers this protection?
A statute enacted for the safety of employees. When the carrier’s violation of such a statute contributes to the injury or death, the employee’s own negligence, if any, does not count against the recovery.
Which actions does this comparative-fault rule apply to?
Actions brought against a common carrier by railroad to recover for personal injuries to an employee, or for injuries that resulted in the employee’s death.
Amendment History
Code 1950, § 8-642; 1954, c. 614; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: railroad employee contributory negligence virginiacomparative fault railroad workers virginia8.01-58 virginia codesafety appliance act violation virginia railroadrailroad negligence comparative damages