2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 7 - Employment Generally; Employer's Liability
Article 2 - Employer's Liability for Injuries Generally
§ 34-7-23. Assumption of Risk by Employees; Requirements for Recovery of Damages

An employee assumes the ordinary risks of his employment and is bound to exercise his own skill and diligence to protect himself. In actions for injuries arising from the negligence of the employer in failing to comply with the duties imposed by Code Section 34-7-20, in order that the employee may recover, it must appear that the employer knew or ought to have known of the incompetency of the other employee or of the defects or danger in the machinery supplied; and it must also appear that the employee injured did not know and had not equal means of knowing such fact and by the exercise of ordinary care could not have known thereof.

(Civil Code 1895, § 2612; Civil Code 1910, § 3131; Code 1933, § 66-303; Ga. L. 1998, p. 128, § 34.)

- For article discussing origin and construction of Georgia provisions concerning master-servant relationship, see 14 Ga. L. Rev. 239 (1980).

ANALYSIS

• General Consideration
• Competency of Employees
• Safety of Place of Work
• Safety of Tools and Machinery

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Employment Relationship, § 293 et seq.

- 30 C.J.S. Employers' Liability for Injuries to Employees, § 274 et seq.

- Duty of master to warn servant against occupational disease, 6 A.L.R. 355; 105 A.L.R. 80.

Contributory negligence or assumption of risk in disobeying rules or directions of master under counter directions by superior, 23 A.L.R. 315.

Duty of master providing machine of standard make and in common use to equip same with safety device or guard, 36 A.L.R. 1477.

Master's duty to servant to prevent continuance of dangerous sports, 40 A.L.R. 1333.

Duty and liability of master to servant injured by draft animal belonging to master, 42 A.L.R. 226; 60 A.L.R. 468.

Liability of contractee and contractor inter se with respect to injuries sustained while the stipulated work is in course of performance, 44 A.L.R. 891.

Liability of master for injuries to servant from exposure to weather conditions, 52 A.L.R. 904.

Employer's promise to remedy defect in instrumentality as affecting defense of assumption of risk or contributory negligence, 61 A.L.R. 901.

Liability of employer for consequences of vaccination or other bodily operation to which employee is subjected, 62 A.L.R. 195.

Liability of master for injuries inflicted on one servant by another by use, maliciously or in sport, of compressed-air device, 62 A.L.R. 1433.

Assumption of risk, under Federal Employers' Liability Act, of excessive speed or failure to give engine signals, 71 A.L.R. 459.

Assumption of risk of overstrain consequent upon failure of other employee to lift his share, 74 A.L.R. 157.

Statute denying to employer defense of assumption of risk as affecting simple tool rule, 91 A.L.R. 786.

Inadequacy of appliance for purpose contemplated by Safety Appliance Act as proximate cause of and ground of liability for injury to employee who was using it for another purpose, 96 A.L.R. 1138.

Construction and application of 1939 amendment of Federal Employers' Liability Act regarding assumption of risk, 143 A.L.R. 978.

Liability of railroad for injury to alighting trainman as a result of condition of track or right of way, 172 A.L.R. 594.

Liability of employer for injury to employee due to his physical unfitness for the work to which he was assigned, 175 A.L.R. 982.

Defenses of fellow servant and assumption of risk in actions involving injury or death of member of airplane crew, ground crew, or mechanic, 13 A.L.R.2d 1137.

Liability in damages for injury to or death of window washer, 17 A.L.R.2d 637.

Contributory negligence, assumption of risk, or related defenses as available in action based on automobile guest statute or similar common law rule, 44 A.L.R.2d 1342.

Liability of proprietor of store, office, or similar business premises for injury from fall on floor made slippery by tracked-in or spilled water, oil, mud, snow, and the like, 62 A.L.R.2d 6.

Master's liability to servant injured by farm machinery, 67 A.L.R.2d 1120.

Master's liability for servant's condition or injury resulting in dermatitis, 74 A.L.R.2d 1029.

Hammer as simple tool within simple tool doctrine, 81 A.L.R.2d 965.

Shipowner's liability for injury caused to seaman or longshoreman by cargo or its stowage, 90 A.L.R.2d 710.

Master's liability to agricultural worker injured other than by farm machinery, 9 A.L.R.3d 1061.

Premises liability: proceeding in the dark on inside steps or stairs as contributory negligence, 25 A.L.R.3d 446.

Tort liability for window washer's injury or death, 69 A.L.R.4th 207.

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.