Employer's liability; employee's willful negligence; burden of proof.

1. Law
2. Nebraska Revised Statutes
3. Labor
4. Employer's liability; employee's willful negligence; burden of proof.

48-107. Employer's liability; employee's willful negligence; burden of proof.

In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant.

Source

• Laws 1913, c. 198, § 7, p. 580;
• R.S.1913, § 3648;
• C.S.1922, § 3030;
• C.S.1929, § 48-107;
• R.S.1943, § 48-107.

Annotations

• The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Const. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972).

• Mere negligence of employee is not sufficient to preclude recovery, but such conduct must be shown as manifests a reckless disregard of consequences coupled with a consciousness that injury will naturally or probably result. Richards v. Abts, 136 Neb. 741, 287 N.W. 199 (1939).

• Burden is on employer to establish willful negligence, and he must prove a deliberate act knowingly done or conduct evidencing reckless indifference to his own safety on part of employee. Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).

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