21st Jan 2012

S32 of the Civil Liability Act says there is no duty of care unless the defendant ought to have foreseen that a person of normal fortitude might in the circumstances suffer a recognised psychological/psychiatric injury. Circumstances include whether the harm was caused by sudden shock; the plaintiff witnessed the injury/death at the scene; pre-existing relationship between plaintiff and defendant. There is no duty of care if you were not at the scene unless you were a close member of family of the victim, such as a spouse, parent, child etc.

This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.

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What matters must a Court take into account in determining whether a defendant owed a duty of care to a plaintiff to avoid causing him or her to suffer mental harm of nervous shock? » AM Legal Compensation Lawyers                                

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