Biggs v O'Connor

In this episode we consider the case of Biggs v O'Connor [2021] VSC 826, a case decided by Justice Keogh of the Victorian Supreme Court, which considered the liability of a motorcycle rider for damages for negligently inflicted psychiatric injury to a secondary victim, here the spouse of the deceased motorcyclist's passenger who died as a result of an accident caused by the negligent riding and control of the motorcycle. This case considered the effect of intoxication on the question of duty and the Volenti defence, and whether the duty owed to the secondary victim was independent of, and not derived from, the duty owed to the primary victim.

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