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GLOSSARY

Secondary victim definition

Published by a LexisNexis PI & Clinical Negligence expert

What does Secondary victim mean?

is one who suffers psychiatric injury not by being directly involved in the incident but by witnessing it and either seeing injury being sustained by a primary victim or fearing injury to a primary victim.

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Duty of care in personal injury claims

Duty of care in personal injury claims This Practice Note will consider the common law duty of care. For information on statutory duties, see Practice Note: Breach of statutory duty and the overlap with the common law. For breach of duty of care, see Practice Note: Breach of the duty of care in personal injury claims. For guidance on vicarious liability, see Practice Notes: Nature and operation of vicarious liability, Scope and impact of vicarious liability and Vicarious liability in the course of employment—the close connection test. For information on the duty of care in clinical negligence claims, see Practice Note: Duty of care and breach in clinical negligence claims. For a claimant to succeed in proving their claim in common law negligence they must first prove that the defendant owed them a duty of care. Examples of established relationships When assessing whether a duty of care exists, the court will consider whether there is an established precedent for the relationship between the parties and follow the...

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