Tort - Negligence (PPH)

Question 1

What 2 elements must be present for something to be classed as PPH?

Answer 1

1- Caused by a sudden shock to the nervous system; and

2- A medically recognised psychiatric illness OR a shock-induced physical condition e.g. miscarriage

Question 2

What qualifies a claimant as a primary victim? (+Authority)

Answer 2

Page v Smith

In the actual area of danger; or
Reasonably believed they were in danger

Question 3

A duty of care is owed to primary victims of PPH if the RISK of PHYSICAL INJURY is foreseeable

Answer 3

Page v Smith

Question 4

If the risk of physical harm was not foreseeable, a duty will not be owed but you should consider if the victim was a secondary victim

Answer 4

Bourhill v Young

Question 5

What qualifies a claimant as a secondary victim? (+Authority)

Answer 5

witnessed injury to someone else; and

feared for the safety of another person

Question 6

What four criteria must be met to establish a duty of care to secondary victims? (+ Authority)

Answer 6

Alcock:
1- Reasonably FORESEEABLE that a person of normal fortitude in the claimants position would suffer PH
2- C has a CLOSE RELATIONSHIP of love and affection with person endangered by D’s negligence
3- C was PRESENT at the accident/ its immediate aftermath
4- C saw accident/ aftermath with OWN SENSES (McLoughlin)

Question 7

Rescuers will not fall into any special category- they are either a primary or secondary victim

Answer 7

White v Chief Constable of South Yorkshire Police