Week 10 - Primary and Secondary Victims

Question 1

When do we divide claimants into primary and secondary victims?

Answer 1

When discussing psychiatric injury, not physical

Question 2

How do we define primary victims?

Answer 2

Claimants who assert they have suffered some sort of psychiatric injury as a result of being in the zone of physical danger or fearing for their own safety

Question 3

How do courts determine if psychiatric injury is legitimate?

Answer 3

It has to be diagnosed by a professional

Question 4

What is unnecessary to question in regards to primary victims?

Answer 4

Whether the defendant should have foreseen the injury by shock

Question 5

What do secondary victims need to have in order to enable a claim?

Answer 5

Some direct relationship between the injured party and the claimant (as they themselves were not physically injured and were not in fear of their own safety)

Question 6

What is the first condition that must be met for a secondary victim to establish liability?

Answer 6

There must exist close proximity between the claimant and the person suffering harm

Question 7

What is the second condition that must be met for a secondary victim to establish liability?

Answer 7

The claimant must have been present at the scene of the accident or there in the immediate aftermath

Question 8

What is the third condition that must be met for a secondary victim to establish liability?

Answer 8

The claimant must have perceived directly the events of the accident or the immediate aftermath

Question 9

Can rescuers - professional or not - claim as primary or secondary victims?

Answer 9

No, unless they can prove they were in fear themselves for their own physical well-being

Question 10

How do we define secondary victims?

Answer 10

Persons who weren’t physically injured or feared for their own safety, BUT had close proximity with the victim and were present at the scene or immediate aftermath