Plaintiff was working when a workmate nearby was electrocuted and killed because Defendant (employer) was in breach of safety regulations, and as a result suffered psychiatric illness.
CA allowed Plaintiff’s claim for negligence causing nervous shock saying:
Defendant, as an employer, was under a duty of care to Plaintiff;
Plaintiff suffered harm as a secondary party; and
Plaintiff came within the protection of fear for personal injury as established in EE Caledonia, that a person could sue if he was in the area of actual danger even though he escaped.
Tort Law notes fully updated for recent exams at Oxford and Cambridge. ...
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Tort Law | Negligence Psychiatric Injuries Notes (5 pages) |
GDL Tort Law | Negligence Nervous Shock Notes (14 pages) |
Tort Law | Nervous Shock Notes (4 pages) |
GDL Tort Law | Psychiatric Injury Notes (8 pages) |