THE MS FIREWORK ACQUITTAL AND THE FOG OF FORESEEABILITY

摘要

A recent article on SHPonline looked at the acquittal of a man accused of breaching section 3 of the HSWA 1974, following seven deaths in a pile-up on the M5, and the concept of foreseeability in health and safety cases. It divided readers' opinions, a selection of which follow: "Did the fog and the vehicles travelling too fast for the conditions play no part in this accident? "These are the reasons given for the other numerous multi-vehicle pile-ups that occur every year. Or is it that in the other cases there was no one making smoke nearby to blame? "Also are we all not encouraged to drive in a mannerthat would allow us to remain safe no matter what we might encounter? "I agree with the defendant - he was being made a scapegoat for something that wasn't totally in his control."