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45 U.S.C. § 54Assumption of risks of employment

submitted 118 years ago by ch. 149 to r/title-45-RAILROADS · 118 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects railroad workers who sue for injury or death on the job. They are not considered to have accepted the risk if the railroad's own negligence caused the harm. The same protection applies if a safety law violation contributed to the injury or death.

This section limits a defense that railroads could otherwise use against injured workers. Normally, an employer might argue that a worker "assumed the risk" of a dangerous job and so can't recover damages. This section takes that defense away in two situations, for lawsuits against a common carrier under this chapter for an employee's injury or death. First, an employee is not treated as having assumed the risk if the injury or death happened, even partly, because of the negligence of any of the carrier's officers, agents, or employees. Second, an employee is not treated as having assumed the risk if the carrier's violation of a safety statute, a law enacted for employees' safety, contributed to the injury or death.
the actual law source: uscode.house.gov ↗public domain

In any action brought against any common carrier under or by virtue of any of the provisions of this chapter to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death resulted in whole or in part from the negligence of any of the officers, agents, or employees of such carrier; and no employee shall be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

Source credit: (Apr. 22, 1908, ch. 149, § 4, 35 Stat. 66; Aug. 11, 1939, ch. 685, § 1, 53 Stat. 1404.)

history & why it existsrecord from the source credit
  • 1908Enacted · Act of Apr. 22, 1908, ch. 149 · 35 Stat. 66
  • 1939Amended · Act of Aug. 11, 1939, ch. 685 · 53 Stat. 1404

A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1908-04-22.

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