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#1 Posted : 22 October 2007 14:50:00(UTC)
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Posted By Heathrow
Our company has vacated a site on H&S grounds as being unsafe to operate from. They have now however leased out the self same site to another company. I am trying to explain to our board that we are ultimatly responsible for the H&S of the staff on this site given our prior knowledge can anyone give me specific pointers please ?
Admin  
#2 Posted : 22 October 2007 15:04:00(UTC)
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Posted By Robert K Lewis
The new company will normally be deemed to have undetaken proper due diligence prior to signing the lease. As such they were in a position to identify the problems that you have identified.

You do not have the responbility for the safety of the other employees. Your company may however have exposed themselves to a civil suit if they deliberately hid relevant information from the prospective lessee. The courts will then judge the facts on how material the claim may be.

Boib
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#3 Posted : 22 October 2007 15:32:00(UTC)
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Posted By Heathrow
I must have been mistaken then, many thanks
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