Removing liability for health & safety regulation breaches would take us back to the 19th century, says Keith Patten
Imagine the following facts: Fireman Sam is on duty at a fire station. An emergency call is received that a woman is trapped under a heavy vehicle 300m from the fire station. The officer in charge directs Sam, and some of his colleagues, to attend the scene, along with a large and heavy jack standing on four wheels. The only vehicle available to transport the jack is an ordinary lorry with a plain floor and sides. There is nothing to which the jack can be secured, so Sam and his colleagues cling on to it to try to stop it from moving around in the back of the lorry. Shortly after leaving the fire station the driver is forced to apply the brakes sharply. Sam and his colleagues are unable to stop the jack from moving. As it does so, it strikes Sam’s ankle causing him a serious, career-threatening injury.
Current law
The modern claimant personal injury lawyer representing Sam would reach