Florida Statutes
Fla. Stat. § 769.01 (2025)
Employers affected by fellow servant act.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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769.01 Employers affected by fellow servant act.—This chapter shall apply to persons engaged in the following hazardous occupations in this state; namely, railroading, operating street railways, generating and selling electricity, telegraph and telephone business, express business, blasting and dynamiting, operating automobiles for public use, boating, when boat is propelled by steam, gas or electricity.
History.—s. 1, ch. 6521, 1913; RGS 4971; CGL 7058.
Notes of Decisions
Cited in 6
cases, 1963–1973 · leading case: Florida Power & Light Co. v. Price, 170 So. 2d 293 (Fla. 1964).
Florida Power & Light Co. v. Price, 170 So. 2d 293 (Fla. 1964). “It is true the defendant is engaged in selling electricity and is one of the class of persons referred to in F.S. § 769.01, F.S.A., but this alone does not render it liable for injuries to an employee of its independent contractor caused by the negligence of a fellow employee of…”
Ry. Express Agency, Inc. v. Fulmer, 227 So. 2d 870 (Fla. 1969). “, which provides as follows: "The persons mentioned in § 769.01 [persons engaged in hazardous occupations] shall not be liable in damages for injuries to their agents and employees, or for the death of such agents and employees, where same is done by their consent, or is caused…”
Orr v. United States, 486 F.2d 270 (5th Cir. 1973). “Apportioning damages under the comparative negligence standard of Florida’s Hazardous Occupations Statute, Fla.Stat.Ann. §§ 769.01-769.05, the court ordered the Government to pay Orr damages representing 30 percent of the total.”
Price v. Florida Power & Light Co., 159 So. 2d 654 (Fla. 2d DCA 1963). “§ 769.01, Florida Statutes, F.S.A. In other jurisdictions, electricity has been often referred to as highly dangerous, [4] and wires charged with electricity have been held to be "dangerous instrumentalities.”
Maule Indus., Inc. v. Watson, 201 So. 2d 631 (Fla. 3d DCA 1967). “Observing that Florida Power and Light Company, the defendant, came within the provisions of § 769.01, Fla.Stat., F.S.A., the Florida Supreme Court stated, at page 298: “We hold that liability flowing from operation of the doctrines of dangerous instrumentalities and inherently…”
Ry. Express Agency, Inc. v. Wynn, 204 So. 2d 912 (Fla. 3d DCA 1967). “289 ; §§ 769.01, 769.02, 769.03, 769.04, Fla.Stat.”
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