Liability In Negligence For Psychiatric Injury

Question 1

Define a primary victim

Answer 1

Claimant is involved in the accident and suffered either physical or mental injuries

Question 2

Define secondary victim

Answer 2

Claimant not involved in accident but suffered mental injury from what they saw it heard

Question 3

What does the claimant have to prove [4]

Answer 3

1. There was an accident or sudden event where someone was negligent which caused the injury
2. Some form of psychiatric injury - not shock or grief
3. Claimant passes certain criteria
4. Person of reasonable fortitude would have suffered the same injury in the circumstances