Millside Case Study - Potential Liabilities - Health and Safety at Work Etc Act 1974 - Law Assignment Help

Assignment Task

Task:

The Assessment

Submit a legal report addressing your choice of 2 of the 3 questions contained in the following scenario:

A mill and industrial site are owned by a local property developer, Millside Investments (“MI”).

MI plan to develop the site but are having difficulty raising finance due to an economic recession. This has led to long delays and combined with a series of redundancies at MI has meant that maintenance at the mill site has been neglected and no property managements steps taken other than the erection of some signs on the outside of the mill that state “Danger”.

Following complaints, MI send a junior labourer they employ named Chris to the site to remove weeds. Whilst strimming down plants Chris trips on some abandoned equipment and the strimmer, which is not equipped to turn off in such circumstances, cuts their unprotected arm badly. Chris also breaks their ankle in the fall.

Health and Safety inspectors are called to the site as part of a notified inspection - whilst accessing the Mill due to its overgrown nature Alex, a HSE inspector, falls into a concealed pit and breaks a leg.

Also, Gerry a local dog walker, enters the disused Mill over a broken fence from a nearby nature reserve in order to try to find their dog and in the darkened environment they fall to the bottom of a set of stairs into the basement, also breaking a leg.

The Task

Please address the legal issues raised in the order set out below. In your answer refer to, explain and apply key definitions relating to each liability. Make it clear through the structure of your work which areas of law you are addressing in turn:

1) Explain and discuss any potential liabilities that may arise for MI under the law of occupiers liability in the scenarios set out above.

2) The HSE are investigating the events. Advise MI of any possible breaches of the relevant legislation under the Health and Safety at Work etc Act 1974. Your advice should also include details of who may be liable for any breaches and why, and any defences they may have.

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