(a) If the employee of any common carrier shall receive any injury or shall be killed by reason of any defect in any cars, engines, motors, appliances, machinery, tracks, roadbeds, works, wharves, or other equipment owned, operated, or used by the common carrier, the common carrier shall be deemed to have had knowledge of the defect before and at the time the injury is sustained or death caused.
(b) When the fact of the defect shall be made to appear in the trial of any action in the courts of this state brought by the employee or his or her personal or legal representative against any common carrier for damages on account of injuries so received or death so caused, the fact of the defect shall be prima facie evidence of negligence on the part of the common carrier.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 12 - Operation and Maintenance of Railroads
§ 23-12-501. Definitions for §§ 23-12-501 — 23-12-507
§ 23-12-502. Construction of §§ 23-12-501 — 23-12-507
§ 23-12-503. Liability for injury or death of employee generally
§ 23-12-505. Death or injury of employee — Contributory negligence
§ 23-12-506. Death or injury of employee — No assumption of risk
§ 23-12-510. Limit of hours on duty of telephone and telegraph operators for railroads — Penalties
§ 23-12-512. Blocks in frogs and guardrails required
§ 23-12-514. Standard employee identification requirements — Findings — Definitions