Simple English definitions for legal terms
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A fellow servant is someone who works for the same employer as you do. They are usually someone who works closely with you and there is a risk of harm if either of you is negligent. If one of you is in a position of power over the other, they are called a superior fellow servant.
Definition: A fellow servant is a coworker who works for the same employer as another employee. They are closely related to each other's work, and there is a special risk of harm if either one is negligent. If one employee is injured due to the negligence of another employee, the injured employee may not be able to sue the employer for damages because of the fellow-servant rule.
Example: John and Jane work for the same construction company. John is operating a crane, and Jane is working on the ground. If John is negligent and drops a heavy load on Jane, injuring her, she may not be able to sue the company for damages because of the fellow-servant rule. Since they are both employees of the same company, they are considered fellow servants, and the company is not liable for John's negligence.
Another Example: Tom and Jerry work for the same restaurant. Tom is a cook, and Jerry is a waiter. If Tom is negligent and burns Jerry with hot oil, Jerry may not be able to sue the restaurant for damages because of the fellow-servant rule. Since they are both employees of the same restaurant, they are considered fellow servants, and the restaurant is not liable for Tom's negligence.
These examples illustrate how the fellow-servant rule can limit an employee's ability to sue their employer for damages. If the injured employee and the negligent employee work for the same employer, they are considered fellow servants, and the employer is not liable for the negligence of one employee towards another.