i-law

Liability Risk and Insurance

No damages for secondary victims

A road worker who was sent to the scene of a road accident by his employer was a secondary victim and therefore not entitled to damages for negligence after suffering post-traumatic stress disorder. The decision was based on recent case law which stated that only those suffering physical injury were primary victims, as well as those involved in an incident and who feared for the personal safety, rescuers who were at risk or who reasonably believed they might be at risk, or those involved in an incident who believed they had caused a death or injury involuntarily.

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