Queensland Court of Appeal upholds that deceased driver owes duty to police officer

Date: December 18, 2019


AAI Limited v Caffrey [2019] QCA 293.


Key Points:



The respondent 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 respondent attended. He took steps to maximise the driver’s chances of survival by:

After the paramedics arrived, the respondent was informed that the driver was going to pass away. He informed the driver’s parents and took the driver’s parents to say goodbye.


Decision at Trial:

The trial judge held:


Court of Appeal:

On appeal, the appellant CTP insurer submitted that:

The Court of Appeal found:



Under the common law, a driver who negligently causes an accident owes a duty of care to police officers (and likely any other emergency workers) who attend the accident scene.




Josiah Lee
Direct: +61 (0) 7 3307 5506


Hamish Craib
Direct: +61 (0) 7 3307 5503

Download PDF:  AAI Limited v Caffrey

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