An extract from the Law360 article:
“Fatal accidents are usually preventable, which leads to questions of responsibility and criminal liability. This article seeks to explain when organizations and individuals will be found criminally liable, for which offenses and with what sanction.
The legal landscape applicable to fatal accidents has been transformed by the Corporate Manslaughter and Corporate Homicide Act 2007 and the Health and Safety (Offences) Act 2008, and more recently the Sentencing Council’s definitive guideline, “Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences,” which together have ushered in a new era of criminal liability for organizations, directors and employees.
Recent years have seen an increased appetite to crack down on all manner of corporate offending, notably with the introduction of “failure to prevent” offenses for bribery and tax fraud which have to some degree adopted the health and safety model. However, the health and safety sphere arguably remains the most comprehensively regulated. Notwithstanding the limitations of the corporate manslaughter offense, organizations that could reasonably have done more to prevent a fatal accident can expect prosecution and significant fines, while culpable individuals risk imprisonment.”
This article was originally published by Law360 on 17th April 2019. To view the full article, visit the law 360 website.