The defendant owed the plaintiff a duty to avoid negligently causing an accident that required the plaintiff to attempt to rescue the defendant from their vehicle, causing the plaintiff psychiatric injury from the trauma.
The defendant owed the plaintiffs a duty to avoid negligently causing the death of their father at work, which caused them to suffer psychiatric injury when they learned the news of the loss of their father.
The Supreme Court decided that a person does not owe a close relative a duty to avoid negligent acts that result in their own death and thereby cause that relative’s psychiatric injury.
If such a duty existed, it might lead individuals to substantially alter their behaviour in order to avoid creating such a risk. People might choose to avoid recreational activities to avoid the risk of engaging in negligent conduct that could create a liability if they suffered a serious injury or death.