Legal Definitions - per quod servitium amisit

The Latin phrase per quod servitium amisit translates to "whereby he lost the services."

Historically, this legal term was used to describe a specific type of claim where a "master" (employer) sought damages because a "servant" (employee) had been injured by a third party. The injury to the servant resulted in the master losing the benefit of that servant's labor or services. Essentially, it was a claim for the economic loss suffered by an employer due to someone else's actions incapacitating their employee.

Here are some examples illustrating this historical concept:

• Example 1: Skilled Tradesman

  Imagine a master blacksmith in the 18th century who employs a skilled journeyman. If a careless cart driver negligently runs over the journeyman, breaking his arm and preventing him from working for several months, the master blacksmith would suffer a direct financial loss. The master blacksmith could bring a claim of per quod servitium amisit against the cart driver, arguing that he lost the valuable services of his journeyman, which impacted his ability to complete orders and earn income.

• Example 2: Agricultural Labor

  Consider a farmer who relies on a hired hand to help with the harvest. If a neighboring landowner's poorly maintained fence collapses onto the hired hand, causing a serious injury that prevents him from working during the crucial harvest season, the farmer would be significantly impacted. The farmer could assert a claim of per quod servitium amisit, seeking compensation for the loss of the hired hand's labor, which might force the farmer to hire more expensive temporary help or suffer crop losses.

• Example 3: Domestic Service

  In a wealthy household, a butler might be an essential part of the domestic staff. If a visitor to the house accidentally trips the butler, causing him to fall and sustain an injury that requires a long recovery, the head of the household would lose the butler's services. The household would then face the inconvenience and potential expense of managing without the butler or hiring temporary staff. The head of the household could historically make a claim based on per quod servitium amisit for the disruption and loss of the butler's valuable contributions to the household's operations.