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The 2025 Florida Statutes
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F.S. 769.03769.03 Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant.—The persons mentioned in s. 769.01 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 by their own negligence. If the employees or agents injured or killed, and the persons mentioned in s. 769.01, or their agents and employees are both at fault, there may be a recovery, but the amount of the recovery shall be such a proportion of the entire damages sustained, as the defendant’s negligence bears to the combined negligence of both the plaintiff and the defendant; provided, that damages shall not be recovered for injuries to an employee injured in part through his or her own negligence and in part through the negligence of another employee, when both of such employees are fellow servants, where the former and latter are jointly engaged in performing the act causing the injury and the employer is guilty of no negligence contributing to such injury.History.—s. 3, ch. 6521, 1913; RGS 4973; CGL 7060; s. 1176, ch. 97-102.
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Annotations, Discussions, Cases:
Cases Citing Statute 769.03
Total Results: 4
227 So. 2d 870, 1969 Fla. LEXIS 2154
Supreme Court of Florida | Filed: Nov 12, 1969 | Docket: 1390659
Cited 19 times | Published
be charged in the language of Florida Statute § 769.03, F.S.A., which provides as follows:
"The persons
745 So. 2d 979, 1999 WL 641837
District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1294683
Cited 2 times | Published
which held that "the underlying purpose of section 769.03 ... appears to be to protect children from
489 So. 2d 154, 11 Fla. L. Weekly 1209, 1986 Fla. App. LEXIS 7956
District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 64619708
Published
after agreeing to include the language of section 769.03, Florida Statutes, the hazardous occupations
215 So. 2d 48, 1968 Fla. App. LEXIS 4780
District Court of Appeal of Florida | Filed: Oct 3, 1968 | Docket: 64507127
Published
the judge gave only the first sentence of Section 769.03, Florida Statutes, F.S.A., by charging the
