Legal Definitions - fellow servant

The term fellow servant refers to a coworker who is employed by the same company or organization. Historically, this legal concept was used to describe employees whose work was so closely related that the careless actions (negligence) of one could directly pose a risk of harm to another. It emphasizes the shared environment and the interdependence of employees in certain work settings.

• Example 1: Construction Site Safety

  Imagine two electricians, both employed by the same construction company, working on different sections of a new building's wiring system. If one electrician negligently leaves a live wire exposed and unmarked, and the other electrician, working nearby, accidentally comes into contact with it, they are considered fellow servants. Their roles, though distinct, are interconnected within the same project, and the first electrician's negligence created a direct safety hazard for the second.

• Example 2: Restaurant Kitchen Operations

  Consider a busy restaurant kitchen where a head chef and a line cook both work for the same establishment. If the line cook carelessly spills a large amount of oil on the floor and fails to clean it up or warn others, and the head chef slips and falls, sustaining an injury, they are acting as fellow servants. Both are coworkers for the same employer, and the line cook's negligent act directly created a dangerous condition for the head chef in their shared workspace.

A superior fellow servant is a specific type of coworker who, while still employed by the same organization, holds a position of authority, control, or direction over another employee.

• Example: Manufacturing Plant Supervision

  In a manufacturing plant, a shift supervisor and a machine operator both work for the same company. The supervisor (the superior fellow servant) instructs the operator to bypass a standard safety check on a piece of machinery to meet a production deadline. If the operator follows this instruction and is subsequently injured because of the omitted safety check, the supervisor's role as a superior fellow servant is evident. The supervisor's authority and direction directly influenced the operator's actions and safety, distinguishing them from a regular fellow servant.