Legal Definitions - fellow-servant rule

The fellow-servant rule was an old legal principle, originating in common law, which stated that an employer was generally not responsible for injuries an employee sustained if those injuries were caused by the negligence of another coworker. This rule applied when employees were considered "fellow servants," typically meaning they were working together towards a common goal or within the same general employment.

The underlying idea was that employees assumed the risk of their coworkers' ordinary negligence when they chose to work in that environment. However, some legal systems developed exceptions, such as the "superior servant rule" or "doctrine of vice principal." Under these exceptions, an employer could be held liable if the negligent coworker was a supervisor or someone with significant control and direction over the injured employee.

It's important to note that the fellow-servant rule has largely been replaced or "abrogated" by modern workers' compensation laws in most places. These laws now typically provide a system for employees to receive benefits for work-related injuries, regardless of who was at fault, shifting the focus from employer liability to a no-fault insurance system.

Here are some examples illustrating how the fellow-servant rule would have applied:

• Example 1: Negligence by a Coworker

  Imagine two warehouse employees, Carlos and Maria, are working together to load boxes onto a truck. Carlos, distracted for a moment, accidentally drops a heavy box on Maria's foot, causing a severe injury. Under the fellow-servant rule, Maria would generally not be able to sue their employer for her medical expenses or lost wages. The rule would consider Carlos and Maria "fellow servants" working towards a common task, and Carlos's negligence would be seen as a risk Maria assumed by working alongside him. Her claim would typically be against Carlos personally, not the employer.

• Example 2: Negligence by a Supervisor (Illustrating an Exception)

  Consider a factory setting where a line supervisor, Brenda, instructs her subordinate, Tom, to operate a piece of machinery that she knows has a faulty safety guard. Tom follows the instruction and is subsequently injured when his hand gets caught in the machine due to the defect. In jurisdictions that recognized the "superior servant rule" or "doctrine of vice principal," Tom might have been able to hold the employer liable. Because Brenda was a supervisor with authority over Tom and her negligent instruction directly led to his injury, she would not be considered a mere "fellow servant" in the same way. This exception acknowledged that employers should be responsible for the negligence of those they empower with control over other employees.