CIVIL LIABILITY ACT 2002 - SECT 30
Limitation on recovery for pure mental harm arising from shock
CIVIL LIABILITY ACT 2002 - SECT 30
Limitation on recovery for pure mental harm arising from shock
30 Limitation on recovery for pure mental harm arising from shock
(1) This section applies to the liability of a person (
"the defendant" ) for pure mental harm to a person (
"the plaintiff" ) arising wholly or partly from mental or nervous shock in
connection with another person (
"the victim" ) being killed, injured or put in peril by the act or omission of
the defendant.
(2) The plaintiff is not entitled to recover damages for pure
mental harm unless--
(a) the plaintiff witnessed, at the scene, the victim
being killed, injured or put in peril, or
(4) No damages are to be awarded to the plaintiff for pure mental harm if the
recovery of damages from the defendant by or through the victim in respect of
the act or omission would be prevented by any provision of this Act or any
other written or unwritten law.