49 U.S.C. § 20304
Assumption of risk by employees
An employee of a railroad carrier injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not assume the risk of injury resulting from the violation, even if the employee continues to be employed by the carrier after learning of the violation.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1998–2022 · leading case: Kelson v. Cent. of Georgia R.R., 505 S.E.2d 803 (Ga. Ct. App. 1998).
Kelson v. Cent. of Georgia R.R., 505 S.E.2d 803 (Ga. Ct. App. 1998). “45 USC § 54 ; see also 49 USC § 20304 . 4 Notably, Kelson also argues that the lack of adequate clearance on the dock side of the train also forced him to ride on the side of the train.”
Lorincie v. Se. Pennsylvania Transp. Auth., 34 F. Supp. 2d 929 (E.D. Pa. 1998). “§ 20303 (requirements and liability of movement of defective vehicles by a “railroad carrier”); 49 U.S.C. § 20304 (no assumption of risk by employees of carriers).”
Ainsworth v. Rapid City, Pierre & E. R.R., Inc. (D.S.D. 2020). “§§ 53 & 54; 49 U.S.C. § 20304 . 18Defendant proposed an opinion of its expert witness, Blake Jones, an Assistant Vice President of Operations for Genessee & Wyoming Railroad.”
Cordes v. New Orleans Pub. Belt R.R. Corp. (E.D. La. 2022). “49 U.S.C. § 20304 . The FSAA does not create a federal cause of action for violations of the Act.”
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