Dead driver owes police officer duty

Caffrey v AAI Limited [2019] QSC 7.

Key Point:

• Negligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene.

Background:

The plaintiff was a police officer who developed Post Traumatic Stress Disorder (PTSD) after attending the scene of a single vehicle motor vehicle accident. The driver had suffered eventually fatal injuries but was still alive when the plaintiff attended. He took steps to maximise the driver's chances of survival by:

• Placing his hand under the driver's chin and supporting his head to clear his airway.
• Reassuring the driver's parents and telling the driver that he shouldn't give up because his parents had arrived.