Study Notes
Key Case | Chadwick v British Rail (1967) | Negligence - Psychiatric Damage - Rescuers
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 6 Oct 2020
A rescuer can be regarded as a primary victim as aid and rescuers are a foreseeable consequence of the negligent acts of defendants, particularly where the rescuer was directly involved in the rescue efforts by placing himself in the zone of danger.
CASE SUMMARY
Claimant: Mrs Chadwick (on behalf of deceased husband)
Defendant: British Rail
Facts: Mr Chadwick lived near the crash site of the Lewisham rail crash and once alerted went straight to the scene to provide assistance and continued to do so throughout the night. 90 people were killed in the crash and Mr Chadwick suffered from anxiety neurosis as a result of the scenes that he had witnessed.
Outcome: Liable
Legal principle: Mr Chadwick was a primary victim as aid and rescuers were a foreseeable consequence of the negligent acts, he was directly involved in the rescue efforts.