Injury by Fellow Servant

From Florida Legal Wiki

Injury by Fellow Servant is an Affirmative Defense, which may be raised by an employer as a defense to a lawsuit brought by an employee. In light of the adoption of workers compensation laws and Chapter Statute:769, the common law doctrine has limited applicability to contemporary cases.

[edit] History

At common-law, the rule provided that, so long as an employer has fully performed his duty to an employee, the employee assumed the obvious risks of danger in employment when he is capable of understanding and appreciating such risks and dangers. Accordingly, if an employee was injured by a "fellow servant", so long as the employer (the master) was not negligent, or otherwise a contributing proximate cause of the injury, the employer was not liable in damages for injuries to the employee caused by the negligence of a fellow servant. Prairie Pebble Phosphate Co. v. Taylor, 60 So. 114, 114-15 (Fla. 1912).

[edit] Statutory Provisions

The common law rule has been modified by Sec. 769, Fla. Stat., which applies to:

persons engaged in the following hazardous occupations in this state; namely, railroading, operating street railways, generating and selling electricity, telegraph and telephone business, express business, blasting and dynamiting, operating automobiles for public use, boating, when boat is propelled by steam, gas or electricity.

Per Sec. 769.02:

The persons mentioned in s. 769.01 shall be liable in damages for injuries inflicted upon their agents and employees, and for the death of their agents and employees caused by the negligence of such persons, their agents and servants, unless such persons shall make it appear that they, their agents and servants have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against such persons.