Florida Statute 769.03 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 769
HAZARDOUS OCCUPATIONS

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769.03 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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Amendments to 769.03

Annotations, Discussions, Cases:

Cases Citing Statute 769.03

Total Results: 4

Railway Express Agency, Inc. v. Fulmer

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

Kobel v. State

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

Howell v. Woods

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

Fulmer v. Railway Express Agency, Inc.

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.