Defenses of assumption of risk and contributory negligence barred
N.D. Cent. Code § 49-16-08
in effect49-16-08. Defenses of assumption of risk and contributory negligence barred
Any employee of a railroad corporation who, while in the performance of the employee's
duty and while engaged in any commerce subject to the regulative power of this title, may be
injured or killed by any locomotive, car, structure, or obstruction used or retained contrary to the
provisions of this title, shall not be deemed to have assumed the risk thereby occasioned or to
have been guilty of contributory negligence, although the employee continued in the employ of
such railroad corporation after the unlawful use of such locomotive, car, permanent overhead
structure, or obstruction shall have been brought to the employee's knowledge. Notwithstanding
the permission granted in this title to railroads to construct station or freight house platforms four
feet [1.22 meters] high measured from the top of the track rail and near to the centerline of the
track, any such structure shall be at the sole risk of the railroad corporation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t49c16.pdf#nameddest=49-16-08Fetched: 10/16/2026