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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").

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