What is the difference between a "secondary victim" and a "first victim"?

British Columbia, Canada


The following excerpt is from Falbo v. Coutts, 2000 BCSC 434 (CanLII):

The distinction between these two types of cases has been recognized in this province. In Devji v. Burnaby (District), 1999 BCCA 599, a “secondary victim” case (although not referred to in those terms), McEachern C.J.B.C. at paragraphs 2 and 77 wrote as follows: Because [in “secondary victim” cases] the plaintiff is not physically injured, and may not even come into contact with the defendant, the psychiatric injury alleged is an extra step removed from the negligence of the defendant, and difficult questions of proximity and duty of care arise. ... ... I am constrained by authorities binding upon me to decide that the experience the plaintiffs endured, grievous as it must have been for them, was not one that falls within the requirements of the law relating to the circumstances in which persons who are not physically injured are entitled to damages for nervous shock.

Other Questions


What is the procedure used by First Nations First Nations to obtain access to First Nations land? (British Columbia, Canada)
What is the impact of an injunction being sought against a First Nations First Nation (formerly First Nations) band for access to their traditional lands? (British Columbia, Canada)
What is the preliminary inquiry into allegations of historical abuse against a First Nations First Nation? (British Columbia, Canada)
Can a spouse, parent or child of a deceased victim sue the tortfeasor for damages sustained by the spouse, parents or children of the deceased victim? (British Columbia, Canada)
Is there a duty of care owed to victims or potential victims by the police? (British Columbia, Canada)
Can a judge of first instance erred in her exercise of the exercise of her first instance? (British Columbia, Canada)
What are some of the most well-known examples of First Amendment arguments in the history of the First Amendment? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
Is there a distinction between primary and secondary victims? (British Columbia, Canada)
What is the difference between a spousal relationship and a domestic contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.