Rhode Island General Laws
R.I. Gen. Laws § 28-29-3 (2026)
Defenses abrogated as to injuries in course of employment
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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In an action to recover damages for personal injury sustained by an employee arising out of and in the course of his or her employment, connected with and referable to the employment, or for death resulting from personal injury so sustained, it shall not be a defense:
(1) That the employee was negligent;
(2) That the injury was caused by the negligence of a fellow employee;
(3) That the employee has assumed the risk of the injury.
Notes of Decisions
Cited in 2
cases, 1976–1986 · leading case: Carvalho v. Decorative Fabrics Co., 366 A.2d 157 (R.I. 1976).
Carvalho v. Decorative Fabrics Co., 366 A.2d 157 (R.I. 1976). “1956 (1968 Reenactment) §28-29-3 which abolishes the defenses of contributory negligence, negligence of a fellow employee, and assumption of risk.”
Piccirillo v. Avenir, Inc., 517 A.2d 606 (R.I. 1986). “Today, the near demise of those defenses can be found in General Laws 1956 (1986 Reenactment) § 28-29-3, which specifically provides that the employment of such defenses will not be countenanced in any workers’ compensation proceeding.”
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