Florida Statute 769.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 769
HAZARDOUS OCCUPATIONS

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F.S. 769.03

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

Arrestable Offenses / Crimes under Fla. Stat. 769.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 769.03.

Annotations, Discussions, Cases:

Cases Citing Statute 769.03

Total Results: 7

Cowan v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-03-11

Citation: 3 So. 3d 446, 2009 Fla. App. LEXIS 1808, 2009 WL 605349

Snippet: jury as a comment on silence.” [e.s.] 718 So.2d at 769.3 Similarly, in Hosper v. State, 513 So.2d 234 (Fla

Kobel v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-11-24

Citation: 745 So. 2d 979, 1999 WL 641837

Snippet: which held that "the underlying purpose of section 769.03 ... appears to be to protect children from sexual

Howell v. Woods

Court: District Court of Appeal of Florida | Date Filed: 1986-05-28

Citation: 489 So. 2d 154, 11 Fla. L. Weekly 1209, 1986 Fla. App. LEXIS 7956

Snippet: after agreeing to include the language of section 769.03, Florida Statutes, the hazardous occupations law

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-11-30

Snippet: D.C.A. Fla., 1969); Malone v. State, 222 So.2d 769 (3 D.C.A. Fla., 1969); Williams v. State, 285 So.2d

Railway Express Agency, Inc. v. Fulmer

Court: Supreme Court of Florida | Date Filed: 1969-11-12

Citation: 227 So. 2d 870, 1969 Fla. LEXIS 2154

Snippet: be charged in the language of Florida Statute § 769.03, F.S.A., which provides as follows: "The persons

Fulmer v. Railway Express Agency, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1968-10-03

Citation: 215 So. 2d 48, 1968 Fla. App. LEXIS 4780

Snippet: the judge gave only the first sentence of Section 769.03, Florida Statutes, F.S.A., by charging the jury

Railway Express Agency, Inc. v. Wynn

Court: District Court of Appeal of Florida | Date Filed: 1967-12-12

Citation: 204 So. 2d 912

Snippet: 130 Fla. 755, 179 So. 289; §§ 769.01, 769.02, 769.03, 769.04, Fla.Stat., F.S.A.