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Florida Statute 769.03 | Lawyer Caselaw & Research
F.S. 769.03 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 769.03

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 769
HAZARDOUS OCCUPATIONS
View Entire Chapter
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.

F.S. 769.03 on Google Scholar

F.S. 769.03 on Casetext

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 from cite.case.law:

KOBEL, v. STATE, 745 So. 2d 979 (Fla. Dist. Ct. App. 1999)

. . . State, 397 So.2d 741 (Fla. 5th DCA 1981), which held that “the underlying purpose of section 769.03 . . . .

HOWELL v. WOODS,, 489 So. 2d 154 (Fla. Dist. Ct. App. 1986)

. . . because the trial court had omitted from the charge, after agreeing to include the language of section 769.03 . . .

ORR, v. UNITED STATES, 486 F.2d 270 (5th Cir. 1973)

. . . Section 769.03 of the Florida Statutes provides that “the amount of recovery shall be such a proportion . . .

RAILWAY EXPRESS AGENCY, INC. a v. V. FULMER,, 227 So. 2d 870 (Fla. 1969)

. . . instruction, the trial court and parties agreed that the jury be charged in the language of Florida Statute § 769.03 . . . instant case would be unable to assign as error the trial court’s omission of the last half of F.S. § 769.03 . . .

B. FULMER, v. RAILWAY EXPRESS AGENCY, INC. a, 215 So. 2d 48 (Fla. Dist. Ct. App. 1968)

. . . recovery, but in giving his instructions to the jury, the judge gave only the first sentence of Section 769.03 . . . The second sentence of Section 769.03 provides that if the express company and the employee are both . . .

RAILWAY EXPRESS AGENCY, INC. a v. WYNN, Jr., 204 So. 2d 912 (Fla. Dist. Ct. App. 1967)

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

SIR FRANCIS DRAKE HOTEL CO. OF CALIFORNIA v. UNITED STATES, 75 F. Supp. 668 (N.D. Cal. 1947)

. . . the sum of $6,664.47, together with interest thereon in the sum of $801.07; that of said interest $769.03 . . .