§ 8-2-205 — Assumption of risk abolished

If any agent, servant, or employee,
while in the performance of his duty for his employer, is injured or killed in the
employer's service on account of the employer's negligence or any defect or peril
connected with ways, works, machinery, or instrumentalities used in the business of
the employer which could have been remedied or made safer by the use of ordinary
diligence, a recovery for such injury or death may be had. The fact that such
employee had knowledge of the defect or peril shall not be a bar to a recovery
unless the repairing or remedying of such defect or peril was his principal duty. All
stipulations, contracts, or agreements between an employee and his employer or
between other persons contrary to the provisions of this section shall be null and
void.

Legislative History

Source: L. 15: p. 197, � 1. C.L. � 4171. CSA: C. 97, � 99. CRS 53: � 80-6-5. C.R.S. 1963: � 80-5-5.