The House of Lords decided that the duty of care is different according to whether the claimant is a primary victim or secondary victim of the accident caused by the defendant. The primary victims are those who are directly involved in the accident and secondary are those who are merely witnesses and weren’t as involved in the accident as the primary victim or the defendant...
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The primary victims are those who are directly involved in the accident and secondary are those who are merely witnesses and weren’t as involved in the accident as the primary victim or the defendant. For example, in a car crash were on of the drivers passed a red light and hence collided with another car the primary victim would be the car that was hit by the driver who ignored the stoplight and a secondary victim would be a pedestrian walking nearby when the collision occurred, but was a mere witness...
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