Show Summary Details
Tort Law: Text and Materials

Tort Law: Text and Materials (6th edn)

Mark Lunney, Donal Nolan, and Ken Oliphant
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 12 June 2024

p. 3407. Negligence: Duty of Care—Psychiatric Illnesslocked

p. 3407. Negligence: Duty of Care—Psychiatric Illnesslocked

  • Mark Lunney, Mark LunneyProfessor of Law, University of New England in New South Wales
  • Donal NolanDonal NolanProfessor of Private Law. Francis Reynolds and Clarendon Fellow and Tutor at Worcester College, University of Oxford
  •  and Ken OliphantKen OliphantDirector of the Institute for European Tort Law, Austrian Academy of Sciences, Vienna


This chapter examines liability for psychiatric illness in negligence. It considers liability to a person who witnesses the death, injury or imperilment of another person (‘secondary victim’ cases); cases where the claimant was involved as a participant’ in the traumatic event (‘primary victim’ cases); and cases of stress-related illness. The chapter concludes with an evaluation of the current law in this area and consideration of reform proposals.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription