Florida § 769.03 - Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant.
Full text of Florida Florida Statutes § 769.03 — Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant., with citation guidance and answers to common questions.
§ 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: official Florida text · Last verified 2026-08-27
Frequently Asked Questions About Florida § 769.03
What does Florida Statutes § 769.03 cover?
Section 769.03 ("Recovery for injuries where employee and employer both at fault; damages; negligence of fellow servant.") is part of the Florida Statutes, the codified statutory law of Florida. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Florida § 769.03?
A common citation format is "Florida Statutes § 769.03" (Florida). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Florida law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Florida official source linked on this page or consult a licensed Florida attorney.
How does Florida § 769.03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Florida can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Florida.