380. Scope of regulations in regard to negligence and breach of duty.

The imposition of a statutory duty does not of itself absolve the employer from liability in negligence at common law in relation to the same matter, so that by his conduct he may be in breach both of his common law duty and his statutory duty1. Where, however, there are no safety precautions prescribed by regulations which are applicable in the circumstances of the case, the question of negligence at common law should be approached without regard to any regulations which might have been applicable had the circumstances of the case been slightly different2.

If regulations prescribing safety precautions apply