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asbestos, page-9

  1. 604 Posts.
    As a starting point to looking at this from a legal perspective -
    With regards to negligence:

    Who owns the assets?
    Who is the main contractor that is overseeing the subcontractors?
    Who is the principal?

    Do these parties have a duty of care to ensure that the remediation works are conducted in a safe manner and that any waste materials are disposed of in a way that does not endanger the safety of the community?

    Was there a breach in their duty of care?

    Have these parties discharged their duty of care with the policies that they have put in place?
    Would it be reasonably foreseeable that subcontractors would not follow these policies correctly and have measures been taken to see that they do? (i.e. checks by the main contractor to see that policies are being followed?)

    With regards to Statutory law:
    Is there any legislation/Act that governs how asbestos is dealt with and the actions that must be taken? Have the parties involved discharged their duty under the legislation?

    A definitive judgement would only come from going through court and no doubt would go all the way through to the High Court considering the potential dollars involved in the claims.
 
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