This essay will obtain and discuss the legal obligations and regulations of the company, and whether the company adhered to these regulations or where the company did not meet set health and safety (H&S) guidelines.

The first 200 words of this essay...

Introduction

A member of a leisure company was injured when some poorly stacked equipment toppled and struck him. The equipment had been stacked by a member of staff who had previously been warned for carelessness and ignoring proper procedures.

This essay will obtain and discuss the legal obligations and regulations of the company, and whether the company adhered to these regulations or where the company did not meet set health and safety (H&S) guidelines. For the remainder of this essay the injured party will be referred to as "the member" or the "plaintiff" (the person making the claim), the employee who poorly stacked the boxes will be referred to as "the employee" and the leisure company will be referred to as "the company".

The company may be liable to civil action as they were responsible for the equipment fallen on the member. This accident may leave the company liable to both a civil and criminal court case. The offences (failure to comply with any regulations made under Act) may be tried summarily at the magistrates court or on indictment in the crown court. The burden of proof is different in criminal and civil cases, in criminal cases