49 U.S.C. § 20304
Section 20304 · Assumption of risk by employees
This is the Safety Appliance Act
Amended 1 time on record
Applied in 2 court decisions — leading case 234 Ga. App. 200 - Kelson v. Central of Georgia Railroad (1998)
Most recently applied in 34 F. Supp. 2d 929 - Lorincie v. Southeastern Pennsylvania Transportation Authority (September 1998)
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The words “after learning of the violation” are substituted for “after the unlawful use of such locomotive, car, or train had been brought to his knowledge” in 45:7 for clarity.