Victorian Current Acts

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Limitation on recovery of damages 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 danger 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 danger; or

        (b)     the plaintiff is or was in a close relationship with the victim.

    (3)     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.

S. 74 inserted by No. 102/2003 s. 3.

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