The concept of the fellow-servant rule states that an employer cannot be held accountable for an employee’s injuries resulting from the negligence of a coworker. However, this rule has largely been replaced by workers’ compensation laws. In certain jurisdictions, employees were considered fellow servants if they were working together towards a common objective. In other jurisdictions, the “superior servant rule” or “doctrine of vice principal” was utilised to determine whether an employer was liable for an employee’s injuries caused by another employee who had authority over them. This is also known as the common-employment doctrine. Conversely, the different-department rule operates in opposition to the fellow-servant rule.
The fellow-servant rule is a legal principle that states that an employer is not liable for injuries caused by one employee to another employee due to negligence. However, workers’ compensation laws in most states have modified this rule. In some jurisdictions, employees were considered fellow servants if they were working towards the same objective. In other jurisdictions, the “superior servant rule” or the “doctrine of vice principal” was used to determine if an employer was responsible for an employee’s injury caused by another employee who had control or direction over them. For example, if a manager instructs an employee to perform a task that leads to injury to another employee, the employer may be held accountable under the superior servant rule.
The Fellow-Servant Rule is a legal doctrine that states an employer cannot be held liable for injuries caused by one employee to another employee during the course of their employment.
No, the Fellow-Servant Rule generally applies to injuries caused by the negligence or wrongful acts of a fellow employee. It may not apply in cases where the employer’s negligence or unsafe working conditions contributed to the injury.
Yes, in some cases, an employer can be held liable if the injury was caused by a supervisor or manager. The Fellow-Servant Rule may not apply if the supervisor or manager was acting within the scope of their employment or if the employer was aware of their negligent behavior.
Yes, there are exceptions to the Fellow-Servant Rule. Some states have abolished or modified the rule, allowing injured employees to hold their employers directly responsible for injuries caused by fellow employees.
Yes, an injured employee can still file a workers’ compensation claim under the Fellow-Servant Rule. Workers’ compensation provides benefits to employees injured on the job, regardless of fault.
In most cases, an injured employee cannot sue a fellow employee who caused the injury due to the Fellow-Servant Rule. However, there may be exceptions if the fellow employee’s actions were intentional or outside the scope of their employment.
No, if the Fellow-Servant Rule applies, an injured employee generally cannot sue the employer for injuries caused by a fellow employee. Workers’ compensation is usually the exclusive remedy in such cases.
Yes, an injured employee can seek compensation from a third party who contributed to the injury, even if the Fellow-Servant Rule applies. This could include a manufacturer of defective equipment or a negligent contractor.
Yes, an employer can be held liable if they were aware of a dangerous employee but failed to take action to prevent harm to other employees. This would be considered negligence on the part of the employer.
Yes, the Fellow-Servant Rule can be challenged or overturned in court. Some jurisdictions have modified or abolished the rule, allowing injured employees to hold their employers directly responsible for injuries caused by fellow employees.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/fellow-servant-rule/
- Modern Language Association (MLA):Fellow-Servant Rule. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/fellow-servant-rule/.
- Chicago Manual of Style (CMS):Fellow-Servant Rule. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/fellow-servant-rule/ (accessed: May 09 2024).
- American Psychological Association (APA):Fellow-Servant Rule. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/fellow-servant-rule/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts