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Deceased driver owed rescuer at scene of accident a duty of care not to cause her a reasonably foreseeable psychiatric illness
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High Court, in personal injuries proceedings brought by 'rescuer' lay person who was present in the aftermath of a serious road traffic collision resulting in the death of one of the defendants, finds the defendant driver liable to the plaintiff in damages for psychiatric injuries suffered by the plaintiff as a result of her witnessing the distressing scene at the time, on the grounds that: the legal test of the scope of duty of care owed by the negligent driver did encompass the plaintiff, and it is immaterial whether or not she is a 'primary' or 'secondary' victim in order for the court to assess the scope of such duty itself.
Personal injuries - psychiatric injury resulting from presence at scene of road traffic accident - liability for negligently inflicted psychiatric damage - scope of duty of care not to cause a reasonably foreseeable psychiatric injury - extent of right of recovery for psychiatric consequences of witnessing an accident - depressive adjustment reaction - post traumatic stress disorder - negligent operation or control of vehicles - status as 'secondary victim' - 'primary victim' of self-inflicted injuries - medical evidence in support of injuries - law on nervous shock - matters to be established by plaintiff in order to success in an action for damages for negligently inflicted psychiatric injury - test for existence of a duty of care - rigid primary/secondary victim distinction unhelpful in determining scope of existence of duty of care - plaintiff's vehicle directly struck by debris from collision - within area of risk of foreseeable physical injury - periphery participant in accident - primary victim - entitlement of rescuers to recover damages for negligently inflicted injury - tort law not intended as an instrument of distributive justice - exposure to danger in providing assistance at scene - deceased driver owed plaintiff a duty of care not to cause her a reasonably foreseeable injury - just and reasonable to impose duty - court's assessment of general damages
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