LEGL-230 Lecture Notes - Lecture 5: Grief Counseling, Lump Sum, Supermarine S.6
9 Nov 2017
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***** no direct involvement in the accident: but harmed. Yes, if a duty of care in negligence is shown. Who? (who"s not in geographical area: dependents of the harmed, immediate family, first responders, friends, employer of the harmed. Dependents: injury accident, fatal accident, fatal accidents act (common law states that if there is a fatal accident and a person passes away that has dependents, they do not receive pain and suffering damages) Direct harm: deceased, governed by the survival of actions act (page 31 of handout, any damages for pain and suffering are gone, if person died. Any real economic loss. (put a receipt to, or prove/special damages) paid to the estate of the deceased. Third parties: governed by fatal accidents act (page 33 in handout, you can get grief damages under fatal accidents act s. 8 = narrow, dependency claim s. 7 fatal accidents act = broad.
