The accident was not caused by any breach of the statutory duty imposed by Section 3 of the Safety in Factories (Scotland) Act 2009. There has been no fault found with the hoist, even after a thorough investigation, which proves that my client has demonstrated positively their absolute and exact compliance with s. 3. No particular step in which my client omitted to take can be singled out therefor there was no breach of the statutory duty. The failure remains an unexplained mystery. My client has ensured that special care and maintenance was used and that the hoist was in good condition as it was extensively checked the day before the accident. If there was a defect discovered with the hoist upon inspection this would meanly client had failed to properly maintain the equipment meaning Amanda Crookedstick would be legally responsible, however there is no evidence of any fault on Amanda Crookedstick’s part therefore she cannot be held liable.
Using an external aid to the interpret the construction of this statute, the definition of the word “maintained” in the Oxford Dictionary of English states as follows ; “keep (a building, machine, or road) in good condition by checking or repairing it regularly.” Taking this …show more content…
Denye, there had been a breach of absolute duty but the plaintiff's action failed because the cause of his injury was held to be not that breach of duty but his own negligence in failing to use a safety device with which he had been furnished. Therefore, in the present case Adrian Cowherd could be guilty of contributory negligence and in doing this, caused his own death. As the cause of death has not been stated there could be many factors which put Adrian Cowherd as risk in 2010. When an employee's mind is too distracted by real or perceived threats, he is not only more likely to make mistakes that could cause injury but also invites an increased risk of a heart attack, stroke or
Using an external aid to the interpret the construction of this statute, the definition of the word “maintained” in the Oxford Dictionary of English states as follows ; “keep (a building, machine, or road) in good condition by checking or repairing it regularly.” Taking this …show more content…
Denye, there had been a breach of absolute duty but the plaintiff's action failed because the cause of his injury was held to be not that breach of duty but his own negligence in failing to use a safety device with which he had been furnished. Therefore, in the present case Adrian Cowherd could be guilty of contributory negligence and in doing this, caused his own death. As the cause of death has not been stated there could be many factors which put Adrian Cowherd as risk in 2010. When an employee's mind is too distracted by real or perceived threats, he is not only more likely to make mistakes that could cause injury but also invites an increased risk of a heart attack, stroke or