House Bill 543

AN ACT TO CREATE THE DUTY OF OPERATORS OF TRAINS TO KEEP A LOOKOUT FOR PERSONS AND PROPERTY ON RAILROAD TRACKS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) It shall be the duty of all operators of trains in this state upon any railroad to keep a constant lookout for all persons, including licensees and trespassers, and property upon the track of any railroads.

(b) If any person is killed or injured or property is damaged by the neglect of any employee of a railroad to keep a constant lookout, the company owning or operating that railroad or its agents, servants and employees shall be liable and responsible for all damages resulting from neglect to keep a constant lookout.

(2) (a) In any action brought for failure to keep a constant lookout, contributory negligence shall not bar recovery of damages for any injury, property damage, or death where the negligence of the person injured or killed is of a lesser degree than the negligence of the employee or employees in charge of the train of the company.

(b) In all such actions accruing from negligence resulting in personal injuries or wrongful death or injury to property, the contributory negligence shall not prevent a recovery where any negligence of the person so injured, damaged or killed is of a lesser degree than any negligence of the person, firm or corporation causing the damage. However, where contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to that contributory negligence.

(3) The legislative intent of this section is to place railroads upon a parity with all other persons, firms and corporations in the matter of contributory negligence.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.