Reference no: EM133479484
Boy band 'One-way' were performing a gig at a small venue, 'Music'R'Us', when due to the negligence of 'Music'R'Us', a lighting rig fell on them, killing all the band members: Tunde, Ali, and Jerry. The sight was particularly gruesome. Maria, founder of the band's fan club, was on the stage taking photos when the accident happened. She always tried to stand as close to the boys as possible. Miraculously she was unhurt, but she is now suffering from post-traumatic stress disorder. Elena, Tunde's long-term girlfriend and mother of his five children, was in the VIP area of the venue. She was physically unharmed, but now suffers nightmares and severe morbid depression as a result of what she witnessed. Rahul, Jerry's husband, arrived at the venue after the accident and learned that Jerry's body was in the hospital. He rushed to the hospital and arrived there one hour after the incident. Unfortunately, Jerry's body was still covered in burn marks and blood. Rahul developed a personality disorder as a result of this incident. Pepe was in the audience when the accident happened. After, he was overcome with feelings of guilt and suffers severe schizophrenia. It was his job to attach the lighting to the rig and he feels the accident was his fault. A subsequent investigation exonerated Pepe completely of any wrongdoing and showed that the rig fell due to the negligence of 'Music'R'Us'.
Advise Maria, Elena, Rahul, and Pepe on whether they may be able to seek compensation against 'Music'R'Us' in respect of the medically recognised psychiatric harm they are now suffering with.
Firsty could you please mention what the actionable damage was for all individuals. identify who the primary (in zone of danger) and secondary (not in zone of danger) victims are.
mention cases like Hinz v Berry, Dulieu v White & sons, Hillsborough disaster
mention any psychiatric and physical harm
which psychiatric illness qualifies as actionable damage?
duty of care- when will a defendant owe a duty of care to avoid using psychiatric illness?
use case of page v smith
mention foreseeability