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Mississippi Code

Miss. Code Ann. § 11-7-19 (2026)

No assumption of risk by employee when the master is negligent; exception as to certain employees

✓ current as of July 2026
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In all actions for personal injury to an employee, and in all actions where such injury results in death, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death results in whole or in part from the negligence of the master. This rule shall not apply to conductors, or locomotive engineers, in charge of dangerous or unsafe cars or engines voluntarily operated by them.

Codes, Hemingway's 1917, § 504; 1930, § 513; 1942, § 1456; Laws, 1914, ch. 156.

Notes of Decisions
Cited in 5 cases, 1973–2019 · leading case: Horton v. Am. Tobacco Co., 667 So. 2d 1289 (Miss. 1995).
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Horton v. Am. Tobacco Co., 667 So. 2d 1289 (Miss. 1995). · cites it 2× “And, Miss. Code Ann. § 11-7-19 , first enacted by the Legislature as Chapter 156, Laws of 1914, as shown in footnote 1, supra, was to relieve the harshness of the common law defense of assumption of risk in employment related injuries.”
Lyons v. Redding Constr. Co., 515 P.2d 821 (Wash. 1973). “Miss. Code Ann. § 11-7-19 (1972) (assumption of risk abolished in the employer-employee relationship).”
Graves v. Graves, 531 So. 2d 817 (Miss. 1988). “1979), and maintains that "all questions of negligence and contributory negligence shall be for the jury to determine" pursuant to Miss. Code Ann. § 11-7-19 (1972). The appellant's reliance upon Comer , however, is misplaced.”
Bryant v. Nealey, 599 F. Supp. 248 (N.D. Miss. 1984). “The Mississippi Legislature has abolished the assumption of the risk defense “in all actions for personal injury to an employee and in all actions where such injury results in death .”
Bloome v. Joshua's Haven, Inc. (S.D. Miss. 2019). “2d at 943–944; see also, Miss. Code Ann. § 11-7-19 (“In all actions for personal injury to an employee, and in all actions where such injury results in death, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death…”
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