Young v Charles Church (Southern) Ltd [1997] 39 BMLR 146

Plaintiff was working when a workmate nearby was electrocuted and killed because Defendant (employer) was in breach of safety regulations, and as a result suffered psychiatric illness.

CA allowed Plaintiff’s claim for negligence causing nervous shock saying:

1. Defendant, as an employer, was under a duty of care to Plaintiff;

2. Plaintiff suffered harm as a secondary party; and

3. Plaintiff came within the protection of fear for personal injury as established in EE Caledonia, that a person could sue if he was in the area of actual danger even though he escaped.