Doctrine of common employment
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common employment · doctrine of common employment · employer's liability · fellow-servant rule · Common employment · employers' liability · the doctrine of common employment
in the texts
The Law of Torts
The doctrine, originating in Massachusetts and adopted in England, that a master is not liable to a servant injured by a fellow-servant's negligence in a common employment.
“A servant, when he engages to serve a master, undertakes, as between himself and his master, to run all the ordinary risks of the service, including the risk of negligence upon the part of a fellow-servant when he is acting in the discharge of his duty as servant of him who is the common master of both”.
All persons engaged under the same employer for the purposes of the same business, however different in detail those purposes may be, are fellow-servants in a common employment within the meaning of this rule:
The master is bound, as between himself and his servants, to exercise due care in selecting proper and competent persons for the work (whether as fellow-workmen in the ordinary sense, or as superintendents or foremen), and to furnish suitable means and resources to accomplish the work, and he is not answerable further.
Lectures on the Relation between Law and Public Opinion in England
The judge-made rule barring a workman's compensation claim for injury caused by a fellow-servant.
An employer, they held, was not liable to pay compensation to one of his servants or workmen for damage suffered through the negligence of a fellow-servant or fellow-workman in the course of their common employment.
The fact that after the Compensation Acts have placed the rights of workmen and the liability of employers on a new basis, the Employers’ Liability Act, 1880, which belongs to an older and abandoned view of the relation between employers and workmen, should not have been repealed, and that the doctrine of common employment should not have been abolished, is characteristic of the fragmentary and un …
The true basis of the liability of an employer for damage caused to others through the negligence of his servant or workman, is that every man must so conduct his affairs as not to injure third parties either by his own negligence or that of the agents whom he employs.