N.Y. Employers' Liability Law § 4: Assumption of risks; contributory negligence, when a question of fact

§ 4. Assumption of risks; contributory negligence, when a question of

fact. An employee by entering upon or continuing in the service of the

employer shall be presumed to have assented to the necessary risks of

the occupation or employment and no others. The necessary risks of the

occupation or employment shall, in all cases arising after the first day

of September, nineteen hundred and ten, be considered as including those

risks, and those only, inherent in the nature of the business which

remain after the employer has exercised due care in providing for the

safety of his employees, and has complied with the laws affecting or

regulating such business or occupation for the greater safety of such

employees. In an action brought to recover damages for personal injuries

or for death resulting therefrom received after the first day of

September, nineteen hundred and ten, owing to any cause, including open

and visible defects, for which the employer would be liable but for the

hitherto available defense of assumption of risks by the employee, the

fact that the employee continued in the service of the employer in the

same place and course of employment after the discovery by such

employee, or after he had been informed of the danger of personal injury

therefrom, shall not be, as matter of fact or as matter of law, an

assumption of the risk of injury therefrom, but an employee, or his

legal representative, shall not be entitled under this article to any

right of compensation or remedy against the employer in any case where

such employee knew of the defect or negligence which caused the injury

and failed, within a reasonable time, to give, or cause to be given,

information thereof to the employer, or to some person superior to

himself in the service of the employer, or who had intrusted to him some

superintendence, unless it shall appear on the trial that such defect or

negligence was known to such employer, or superior person, prior to such

injuries to the employee; or unless such defect could have been

discovered by such employer by reasonable and proper care, tests or

inspection.