Define: Doctrine Of Common Employment

The doctrine of common employment, also known as the fellow servant rule, is a legal principle that historically shielded employers from liability for injuries caused by the negligence of a fellow employee. Under this doctrine, if an employee was injured due to the negligence of a co-worker, the employer could not be held liable unless the employer was also directly negligent. This doctrine was based on the idea that employees assume the risks inherent in their work environment, including the actions of their fellow workers. However, with the development of modern workplace safety standards and changes in legal liability principles, many jurisdictions have either abolished or significantly modified the doctrine of common employment.

The case of Priestly v Fowler (1837) established that an employer could not be vicariously liable to his own employees, for the torts of other employees. This principle became known as the doctrine of common employment, and survived until it was abolished by the law reform personal injuries act (1948).

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This glossary post was last updated: 29th March, 2024.