Title 45RailroadsRelease 119-73

§54 Assumption of risks of employment

Title 45 › Chapter CHAPTER 2— - LIABILITY FOR INJURIES TO EMPLOYEES › § 54

Last updated Apr 6, 2026|Official source

Summary

If an employee sues a common carrier for injury or death, they cannot be said to have accepted the job’s risks when the carrier’s officers, agents, or employees were negligent or when the carrier broke a safety law that helped cause the harm.

Full Legal Text

Title 45, §54

Railroads — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

1939—Act Aug. 11, 1939, 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”.

Reference

Citations & Metadata

Citation

45 U.S.C. § 54

Title 45Railroads

Last Updated

Apr 6, 2026

Release point: 119-73