Breach of Statutory Duty

Since only one action can be brought for injuries from one accident, it is common, as a safe-guard, to bring a claim under both negligence and breach of statutory duty. To succeed with a claim under the latter…

•   The claimant must be a class of person whom the statute intended to protect;

•   The injury or damage must be one that the statue was designed to prevent;

•   The defendant must be in breach of the duty;

•   The breach must have caused the injury or damage (note, there is no requirement to prove negligence);

•   The statute must provide a right to civil action.

Where an employer has done everything…..