1. (1) In an action to recover damages for a personal injury sustained by an employee while engaged in the line of duty, or for death resulting from personal injuries so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of the officer, agent, or servant of the employer, it shall not be a defense:

   1. (a) That the employee, either expressly or impliedly, assumed the risk of the hazard complained of as due to the employer's negligence;
   2. (b) That the injury or death was caused, in whole or in part, by the want of ordinary care of a fellow servant;
   3. (c) That the injury or death was caused, in whole or in part, by the want of ordinary care of the injured employee where such want of care was not willful.

Source: L. 90: Entire article R&RE, p. 476, § 1, effective July 1.

Editor's note: This section is similar to former § 8-42-101 as it existed prior to 1990.