Fla. Stat. 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.

Source: Section 769.03 — Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant, https://www.­flsenate.­gov/Laws/Statutes/2024/0769.­03 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 769.03. Recovery for injuries where employee & employer both at fault; damages; negligence of fellow servant's source at flsenate​.gov