Rank: Guest 
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Posted By AHS
Generally speaking members of the Public cannot sue for a breach of a statutory HS regulation and have to rely on the tort of negligence.
However what about sub contractors are they precluded aswell?
References would be appreciated.
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Rank: Guest
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Posted By Adrian Watson
AHS,
Whether or not you can sue for breach of statutory duty depends on the wording and intention of the law. If the law intends to protect "other people affected by the work activity" e.g. COSHH 2002, RR(FS)O 2005 then a person can sue for breach of statutory duty, if they are injured as a result of the breach.
Regards Adrian Watson
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Rank: Guest
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Posted By Raymond Rapp
As understand it, unless a statutory provision prohibits an civil liability such as HSWA s47, any person can make a civil claim for a breach of statutory duty or duty of care with the tort of negligence. The court will decide if one or both have been breached.
Regards
Ray
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