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6.3 FELA—Negligence Defined. Negligence is the failure to use reasonable care.The FELA is a statutory modification of the common law, but FELA actions remain based in the common law principles of negligence. Negligence in the FELA context is defined as the railroad's failure to exercise reasonable care in its obligation to the employee. Contributory negligence holds that if an injured party helped to create the conditions of injury, that person gives up any right to damages. Formalized in 1908, the Federal Employers' Liability Act (FELA) is the main source of compensation for railroad workers injured on the job. FELA means that injured railroad workers can recover damages if those injuries are due to negligence from their employer.