Derby personal injury claim solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.

Breach of statutory duty

The following regulations may be relevant to your work accident claim:

Health and Safety (Display Screen Equipment) Regulations

Manual Handling Operations Regulations

Control of Substances Hazardous to Health Regulations

Personal Protective Equipment at Work Regulations

Provisions and Use of Work Equipment Regulations

Workplace (Health, Safety and Welfare) Regulations

Construction (Health, Safety and Welfare)

Noise at Work Regulations

Control of Asbestos at Work Regulations

To succeed in an action the first question is whether the breach of the statute gives rise to a civil remedy. If it does, the claimant must show:

(i) that the provision was breached;

(ii) that the damage suffered was of the kind the provision was intended to prevent, and the claimant belongs to the category of persons that the legislation was intended to protect. In the case of much safety legislation, the persons protected are expressly specified.

(iii) that the breach of duty caused the loss.The ordinary standard of proof applies, so that the claimant must show that on the balance of probabilities the breach caused the injury.

Contact us by e-mailing   gary@derby-lawyers.com or ring us on 0800 1712215.

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