A duty of care in relation to shock in the sense of psychiatric damage1 is owed to those foreseeably and directly involved in the horrific event caused by the defendant's negligence2. Thus a claimant suffering shock through involuntary participation in the event itself3, or through fear for his own safety in the face of the event4, may recover damages5. A rescuer who seeks to be compensated for psychiatric harm must satisfy the threshold requirement that he objectively exposed himself to personal danger or reasonably believed that he was doing so6. Where the claimant is a primary victim, that is
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234