Nervous shock and secondary victims

first_img In Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194 (Lord Dyson MR, Moore-Bick LJ and Kitchin LJ), the claimant’s mother was injured at her workplace when, through the negligence of a fellow employee, a stack of racking boards fell on top of her. She had apparently made a good recovery, but approximately three weeks later she, suddenly and unexpectedly, collapsed and died at home. While her daughter did not witness the accident, she did witness her mother’s death. She suffered post-traumatic stress disorder as a consequence. She pursued a claim for damages against her mother’s former employer. The master of the rolls gave the lead judgment in a unanimous decision of the appeal court, reciting the settled law from the demonstrably too wide definition of ‘reasonable foreseeability’ as set out in Donoghue v Stevenson [1932] AC562 to the more restrictive ‘neighbour’ test, introducing the concept of proximity in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. He concluded, by reference to Lord Hoffmann’s comment on the control mechanisms, that they were ‘more or less arbitrary conditions which a plaintiff has to satisfy and which were intended to keep liability within what was regarded as acceptable bounds’. Lord Dyson, while accepting that the categorisation of those who can be included as primary and secondary victims is not closed, felt that the boundaries of proximity should be drawn as far as is possible to ‘reflect what the ordinary, reasonable person would regard as acceptable’. His conclusion was that it would be incomprehensible to allow Miss Taylor to recover for witnessing the death of her mother three weeks after an accident, when if Mrs Taylor had died at the time of the accident but Miss Taylor did not come across the immediate aftermath, she would not recover damages. This would stretch the categorisation of secondary victim too far, and his lordship raised the issue of when would it end, by asking if Mrs Taylor had survived for some years following the accident but then, on proof of causation, had died as a result of it, would her daughter have been able to recover if she had then witnessed the death? This area remains vexed. The ‘immediate aftermath’ is assessed on the particular facts of the case. There is a degree of flexibility built into the assessment of the concept, as evidenced in North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792, when the court found that the facts of the case created a ‘seamless tale’ with ‘an obvious beginning and an equally obvious end… played out over a period of 36 hours’. In the instant case, the sustaining of the injuries by Mrs Taylor and her subsequent death were distinct events. have a relationship of love and affection with the primary victim; come across the ‘immediate aftermath’ of the event; have direct perception of the harm to the primary victim; and be of reasonable fortitude. A secondary victim is someone who, when witnessing an accident, suffers injury consequential upon the injury, or fear of injury, to a primary victim. Because of the potential for multiple claims for damages arising out of a single accident, the courts have been anxious to restrict the numbers of claimants by the imposition of the ‘arbitrary’ (Lord Hoffmann) control tests which are hurdles to be cleared to establish the necessary proximity of relationship between the claimant and the primary victim. There have been five occasions when the claims of secondary victims arising out of ‘nervous shock’ have been before the House of Lords. The most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. On that occasion the law lords removed any special rights of employees or rescuers to avoid the control mechanisms. In short, the additional hurdles to mere foreseeability of harm are that the claimant must:center_img Simon Allen is practice group leader, personal injury, at Slater & Gordonlast_img read more

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Two men missing at sea

first_img Share Share Tweet LocalNews Two men missing at sea by: – January 15, 2019 Sharing is caring!center_img 695 Views   no discussions Share A search by the Coast Guard for two men reported missing at sea have been futile.According to information received the men were last seen approximately 40 miles off the coast, in the area between Fond Cole and Pottersville.Dominica Vibes will bring more information on this developing story as it becomes available.last_img read more

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Montague cruises past Shelby 53-3; game called at halftime due to injuries

first_img Not relevant Not relevant NBC Sports DEAL OF THE DAY Add Comments (Max 320 characters) Not relevant Fox Sports Go Not relevant Inappropriate / Offensive Thank you! This will help us improve your ad experience. We will try not to show you such ads again. Displayed poorly Other Displayed poorly Report a problem This item is… Thank you! This will help us improve your ad experience. We will try not to show you such ads again. DEAL OF THE DAY ENDS IN DEAL OF THE DAY $37.99 Report a problem This item is… LocalSportsJournal.comMontague continued its winning ways on Friday night with a 53-3 victory over Shelby in a West Michigan Conference game that was called off at halftime due to injuries. Shelby started the night with 16 active players. The Tigers were down to 10 available players by midway through the second quarter, but both coaches agreed to keep playing 10-on-10.But then another Shelby player was hurt and the teams played 9-on-9 for the last three minutes of the first half.The coaches and referees agreed to end the game at halftime.Shelby started the scoring with a 31-yard field goal by Latrell Sobers to put the Tigers up 3-0. Montague then rattled off 53 unanswered points to walk away with the win.Quarterback Dylan Stever led the Wildcats with three touchdowns (two passing, one rushing) while Bryce Stark had two touchdown runs and Kenyan Johnston added a punt return touchdown and caught a touchdown pass.Montague improved to 3-0 overall and 2-0 in conference play. Shelby is now 0-3 and 0-2. × $0.00 Report a problem This item is… (34271) $9.99 × Not relevant Inappropriate / Offensive ENDS IN $14.99$18.00 (117) (657) DEAL OF THE DAY Inappropriate / Offensive Displayed poorly ENDS IN Displayed poorly Not relevant Share Add Comments (Max 320 characters) (822) 50PC Disposable Face MàSc/Mack Anti-Dust … FOX Sports: Stream live NFL, College Footbal… ENDS IN Bestseller Ads by Amazon DEAL OF THE DAY Bestseller Report a problem This item is… The Sports Gene: Inside the Science of Extr… Inappropriate / Offensive Thank you! This will help us improve your ad experience. We will try not to show you such ads again. Other $49.95 Add Comments (Max 320 characters) Report a problem This item is… MIRITY Women Racerback Sports Bra… Bestseller (2) ENDS IN center_img Report a problem This item is… × (17612) Bestseller Inappropriate / Offensive Thank you! This will help us improve your ad experience. We will try not to show you such ads again. Add Comments (Max 320 characters) Displayed poorly Bestseller Displayed poorly Other Inappropriate / Offensive Bestseller (7802) × Add Comments (Max 320 characters) (31628) Thank you! This will help us improve your ad experience. We will try not to show you such ads again. Share DEAL OF THE DAY Report a problem This item is… Thank you! This will help us improve your ad experience. We will try not to show you such ads again. $0.00 Displayed poorly × Ads by Amazon Other Other Report a problem This item is… ENDS IN × Thank you! This will help us improve your ad experience. We will try not to show you such ads again. Inappropriate / Offensive × $0.00 Displayed poorly Thank you! This will help us improve your ad experience. We will try not to show you such ads again. Mail Shares Other Bestseller ENDS IN DEAL OF THE DAY DEAL OF THE DAY Twelve Inappropriate / Offensive Not relevant Not relevant ENDS IN Other Bestseller Add Comments (Max 320 characters) Other The League Add Comments (Max 320 characters) × $15.29$17.99 Add Comments (Max 320 characters) Shop Nowlast_img read more

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