Description
Man who Assisted at Accident Scene not a Primary Victim: G Leggatt QC held that the Claimant who had provided assistance to victims of a construction accident was not a primary victim. Although the Claimant had provided significant help to the injured men that was neither peripheral or trivial, and could therefore be regarded per se as a rescuer, the evidence showed that it was improbable that he had believed that in rushing to the scene he was putting his own physical safety at risk. Nor could he show that he was an unwilling participant as there was no reasonable basis for a genuine belief that he might have caused the accident. Accordingly, it could not be said that it was reasonably foreseeable that a person in his position would have suffered psychiatric injury and therefore he was precluded from recovering damages in respect of those injuries.
