Those in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure the safety of workers

Incerto Engineering provides investigation services and expert testimony in matters relating to accidents involving cranes, specialized lifting and rigging equipment, formworks, falsework, scaffolding, and relevant temporary structures.

The following key points are noted to assist you with forward planning. 

  • A person is negligent where he/she undertakes an activity for which expert knowledge is required while such person knows, or should reasonably know, that he lacks the requisite expert knowledge, and should therefore not undertake the activity in question (or should not do so without outside expert advice). 
  • The idea is to show that the safety plan is, in a due diligence sense, complete. This does not mean perfect, only that reasonable effort and appropriate skill have been put into its construction and that competent management process to support it are in place and maintained. 
  • Negligence occurs when it is proven that a defendant should reasonably have foreseen and had measures in place to prevent an incident causing material damage and subsequent failure, and failed to do so.
  • Any argument that an expert witness could reasonably formulate after an event needs to be considered prior to the incident.

The common four keywords represent the legal test for negligence:

  1. Causation
  2. Foreseeability
  3. Preventability
  4. Reasonableness

 

 

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