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25 January 2013 / Keith Patten
Issue: 7545 / Categories: Features , Health & safety , Personal injury
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Step back in time

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

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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