Question
A was employed with B as a labourer in January 2014, and while so employed, he fell from a moving trailer attached to a tractor
A was employed with B as a labourer in January 2014, and while so employed, he fell from a moving trailer attached to a tractor being driven by a servant/agent of the B and died. At the time the tractor drove at speed over a hump in the road; the deceased fell off the trailer onto the ground. A later succumbed to his injuries. A's relative claimed that B, its servants/agents breached the duty of care which it owed A thereby causing his death.
Discuss in full B's liability under the following heads:
1. The common and statutory law as it relates to B's liability;
2. The requirement by A's representative to show that B's action has fallen short of the standard of care required of a prudent and reasonable employer.
3. The specific statutory duties imposed on an employer under the Laws of Trinidad and Tobago Occupational Safety and Health Act, Chapter 88:08, ("the OSHA").
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started