Tag Archives: Strict liability

IS THE ABOLITION OF BREACH OF STATUTORY DUTY IN THE ERRA LAWFUL: APIL HAVE LODGED A COMPLAINT WITH THE EUROPEAN COMMISSION

It is unlikely that many cases relating to “breach of statutory duty” have been considered  after the ERRA (largely) abolished the concept in October last year.  However the Association of Personal Injury Lawyers have lodged a complaint with the European Commission. Which has past the first hurdle and which is being considered by the European […]

KEOGHS DISCUSSION OF EFFECTS OF ERRA: ARE THE REGULATIONS STILL RELEVANT?

There is a client briefing by Keoghs on the effect of the ERRA at http://www.keoghs.co.uk/Liability-AWARE/Employers-liability-claims-and-the-ERR-Act One interesting aspect of the discussion is the statement that the Regulations cannot be relevant to the issue of negligence. Keoghs state: “Some commentators argue that breach of statutory duty can still be pleaded as evidence of negligence  and the standards […]

LOSING AN ARM AND A LEG: UNGUARDED MACHINERY AFTER THE ERRA

Much of the discussion about the impact of the ERRA has focused upon strict liability for defective work equipment. However the provisions of Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 provided for strict liability when a claimant came into contact with dangerous part of machinery.  How has this been affected […]