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What is the fellow-servant rule?
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The meaning of FELLOW-SERVANT RULE is a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee during the course of his or her employment.
Definition of "fellow-servant rule". In the realm of tort law, this is a common-law rule holding that an employer is not responsible for injuries one employee sustains due to another employee's error or fault in the course of performing their job duties.
Fellow Servant Rule Law and Legal Definition. Fellow servant rule is a common law doctrine that barred or reduced the amount of money an injured employee could recover against an employer if an injury was caused solely by the negligence of a fellow worker.
The fellow-servant rule said simply, workers who are hurt by a coworker—a fellow servant—should blame the responsible coworker, not their employer. After first appearing in a U.S. decision in 1842, the rule had a powerful effect on the law for the next century.
A common-law rule governing job-related injuries that prevents employees from recovering damages from employers if an injury was caused by the Negligence of a coworker. In the mid-nineteenth century, a rise in industrial accidents brought to U.S. law an English idea about responsibility.
Feb 9, 2019 · The Fellow-Servant Rule. February 09, 2019. By Lafferty Gallagher Scott. Traditionally, the “fellow-servant rule” barred an employee’s personal injury action against his or her employer if the employee’s injury was caused by a co-worker. For example, an employee works in an employer’s sawmill.
The Fellow Servant Rule was created by judges in the 1830s, when a British court decided Priestly v. Fowler. In that case, a butcher’s servant was injured when an overloaded cart collapsed. The victim, Charles Priestly, suffered a fractured thigh and dislocated shoulder, along with other injuries.
