Skip to content

Title 45 — Railroads

Chapter 2 — Liability for Injuries to Employees

§ 54. Assumption of risks of employment

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 60–149 § 4 · 35 Stat. 65

    Enacted · 45 U.S.C. § 54

    Apr. 22, 1908, ch. 149, § 4, 35 Stat. 66

    Source evidence

    Code source credit
    Apr. 22, 1908, ch. 149, § 4, 35 Stat. 66

    Enacted provision · exact public law section
    Sec. 4. That in any action brought against any common carrier Employment risks not assumed if law has been violated. under or by virtue of any of the provisions of this Act 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 the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Amendments

1939—Act , inserted “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” after “of his employment in any case”.

Credits

1908–1939 · 2 acts
  1. 1908Apr. 22, 1908, ch. 149, § 4, 35 Stat. 66
  2. 1939Aug. 11, 1939, ch. 685, § 1, 53 Stat. 1404.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc45.xml · release point 119-108 · OLRC build 2024-06-14

USLM identifier /us/usc/t45/s54