Title 49 — TransportationRelease 119-73not60
§20304 Assumption of Risk by Employees
Title 49 › Subtitle SUBTITLE V— RAIL PROGRAMS › Part A— SAFETY › Chapter 203— SAFETY APPLIANCES › § 20304
Summary
A railroad worker who is injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) is not treated as having accepted the risk of that injury. This rule still applies even if the worker keeps working for the carrier after learning about the violation.
Full Legal Text
Title 49, §20304
Transportation — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 2030445:7.Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, § 13(1)(H), 102 Stat. 631. 45:8 (words before 16th comma).Mar. 2, 1903, ch. 976, § 1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, § 13(2)(A), 102 Stat. 631. 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.
Reference
Citations & Metadata
Citation
49 U.S.C. § 20304
Title 49 — Transportation
Last Updated
Apr 5, 2026
Release point: 119-73not60