Akeel was relaxing at his local boating lake and witnessed Carl’s speedboat collide with several peddle boats, including one containing Dalina and her two children,
causing the speedboat to flip out of the water and virtually destroy the lakeside café which was a wooden building. Bonnie’s children were thrown into the water by the
impact, but Bonnie’s foot became wedged between the foot pedals on the boat and she could not escape. Akeel rushed to help as it was obvious that someone would be hurt
in such a serious accident. Akeel believes that Carl was clearly negligent as he had been driving very fast and shouting and waving his arms about in excitement. He
seemed to have no regard for other users of the lake.
Akeel swam out to the pedal boats and quickly brought the children back to dry land safely. When he returned for Bonnie he realised that she was pinned down and unable
to move. Akeel was also horrified to find that part of the foot pedal had broken off and was now protruding out of Bonnie’s leg. There was a lot of blood. Akeel was
violently ill at the sight of Bonnie in this state. The children were crying and screaming hysterically from the bankside. The ambulance had to take Akeel to hospital,
along with the two children, and he subsequently attended counselling for 6 months and was on medication for anxiety and depression during this time. Bonnie had lost
so much blood she died later at the hospital.
When the ambulance arrived at the lakeside café, Dalina, a paramedic, found Carl climbing out of his boat in the remains of the café and was stunned to see he was
physically unscathed. Dalina then heard screams from under the debris and after a prolonged search found Christine, who had been sat in the café prior to the accident,
pinned under the speedboat. Christine was eventually cut from the wreckage with horrific injuries and taken to hospital; however Dalina, having seen the injuries,
feared that Christine would not survive. Christine did in fact later recover. Since this event, Dalina has been unable to sleep and has experienced flashbacks.
The lake was closed off to visitors and local radio and TV stations reported on the accident. Harprett was on his way home from work when he heard the news on the
radio. He knew his wife (Bonnie) and children were planning to go to the lake that day and use the boats. From the description given, and the announcement that a
mother had died, he collapsed in tears and was inconsolable believing the deceased to be Bonnie.
Discuss whether there is any liability to pay damages for negligently inflicted psychological injury only when Akeel, Christine, Dalina and Harprett sue Carl
IMPORTANT PLEASE NOTE: please DO NOT discuss breach or causation or damages as it will be given very little if any credit.