2006 New York Code - 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.