Section 22.5 Defenses

• Library: Tort Law 2016

D. (§22.5) Defenses

The common-law defenses of assumption of risk and the fellow servant doctrine were abolished under FELA. 45 U.S.C. § 54. Contributory negligence operates as pure comparative fault. It is not available even for that limited purpose when violation of SAA or LIA is proven. 45 U.S.C. § 53; Tiller v. Atl. Coast Line R. Co., 318 U.S. 54 (1943); Wright v. Ark. & Mo. R.R. Co., 574 F.3d 612 (8^th Cir. 2009). An injured employee’s contributory negligence is held to the same causation standard as...