Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment". The US labor law terminology was the "fellow servant rule".

Development

The operation of the doctrine was seen first in '' Priestly v Fowler'' in the United Kingdom. In the United States the doctrine was seen in '' Farwell v. Boston & Worcester R.R. Corp''. Bunker Hill Mining Company operated by the fellow servant doctrine. According to Katherine Aiken, "persons engaged in the same common pursuit for the same employer were fellow servants and companies were not liable for injuries where a fellow servant was at fault. Thus, either the miner himself or his coworker was ultimately responsible for accidents." Between March 1893 and Feb. 1894, 15 fatalities occurred at the mine. It was abolished altogether by the Law Reform (Personal Injuries) Act 1948 in the United Kingdom. The doctrine has been superseded in the United States by worker's compensation laws, by which a worker can file for a quasi-tort, regardless of their co-worker's fault.

References

English tort law Legal doctrines and principles United Kingdom labour law English legal terminology {{England-law-stub es:Volenti non fit injuria he:הסתכנות מרצון

Development

See also

References