Psychiatric Injury in Negligence(P2)

Question 1

What is the difference between a primary and secondary victim?

Answer 1

Primary victim: They fear for their own safety
Secondary victim: Fear for the safety of others

Question 2

What is the one requirement that both types of victims must prove?

Answer 2

They must be suffering from a medically recognised psychiatric injury or illness

Question 3

What did White and Others v CC of South Yorkshire establish in relation to psychiatric injury?

Answer 3

‘Only recognisable psychiatric harm ranks for consideration. Where the line is to be drawn is a matter for expert psychiatric evidence’

Question 4

Chadwick v British Transport Police

Answer 4

The claimant helped rescue people involved in the Lewisham train disaster. His claim for nervous shock was successful as danger of injury was foreseeable to the rescuers. The court was also keen to show their support of people who voluntarily help out at an accident so that subsequent rescuers would not be deterred from helping in the future

Question 5

White and others v CC of South Yorkshire

Answer 5

The rescuer must be in danger themselves in order to claim for nervous shock.

Question 6

What is the criteria in Alcock v CC of South Yorkshire for secondary victims to be able to claim for psychiatric injury?

Answer 6

1. The nervous shock must be caused by the secondary victim hearing or seeing the accident itself or the immediate aftermath
2. The secondary victim must be present at the event or witnessed it immediately afterwards
3. The secondary victim must have close ties of love and affection with the primary victim