Corporate Manslaughter Defence & Gross Negligence Manslaughter Claims Against a Business

If one of your employees dies as a result of an accident while at work, your business could be liable to prosecution for corporate manslaughter if serious breaches of duty of care or management failures contributed to the death.

The specialist Corporate Law and Criminal Defence teams here at Lanyon Bowdler are highly knowledgeable and experienced in this line of work, and can provide advice and guidance throughout the whole process.

This section of the website provides information on:

• What is corporate manslaughter?
• Corporate manslaughter prosecutions
• Avoiding corporate manslaughter prosecutions

What is Corporate Manslaughter?

An accident which causes the death of an employee is classed as corporate manslaughter if:

• The accident occurred as a result of negligence or a breach of the firm's duty of care.
• It is found to be the fault of the company or organisation responsible for that employee, as opposed to an individual.
• Senior management's organisation of the company is found to have played a significant role in the accident
• The breach or negligence which caused the accident is well below the standards expected of the organisation in question.

Corporate Manslaughter Prosecutions

Corporate manslaughter law is extremely complex, and it is imperative that your business has expert representation as soon as possible.

Corporate manslaughter prosecutions focus on the corporate body itself, as opposed to individuals. However, if during the course of the case an individual is found to have been grossly negligent, they may be prosecuted for separate health and safety offences.

Avoiding Corporate Manslaughter Prosecutions

The best way of avoiding prosecution and protecting your staff is to carry out regular reviews of your health and safety policies, as recommended by the HSE (Health and Safety Executive).

Particular focus should be given on ensuring that health and safety is effectively managed by senior management. In this way, employees are protected from unnecessary accidents and the company avoids prosecution under corporate manslaughter law.

Lanyon Bowdler's experienced solicitors can provide you with in-depth legal advice about your business's health and safety policies.

Contact Lanyon Bowdler

For more information about UK corporate manslaughter law, call the team at Lanyon Bowdler and arrange for an initial consultation, or complete our enquiry form and we will get in touch with you directly.