Economic loss and psychiatric injury

Question 1

C’s ME triggered when in a car accident

Page v Smith (1995)

Answer 1

Distinction is made between primary and econdary victims

Primary victims are involved in the accident and have to prove negligencve to claim for physical or mental injuries

Secondary victims are not involved in the accident but suffer mental injuries

Question 2

Families of Hillsborough disaster claiming to be secondary victims

Alcock v CCSY (1992)

Answer 2

Claim for Nervous Shock has a criteria

• He or she has close ties of love and affection with the victim
• the shock is suffered at the scene f the accident or within its immediate aftermath
• shock is suffered with the claimants own unaided senses

Question 3

C suffered nervous shock after he helped survivors in a train crash

Chadwick v British Rail (1967)

Answer 3

Rescuers are primary victims and can claim for nervous shock if they assist at an accident

Rescuers should not be discouraged from helping

Question 4

Police officers helping at hillsborough suffering PTSD from witnessing

White v CCSY (1998)

Answer 4

Rescuers are secondary victims unless they are in the range of forseeable physical injury and have to prove the Alcock criteria

Public policy reasons prevented them from recovering compensation when the families of the victims were uinable to recover

Question 5

C suffered mentla injurt from seeing survivors on oil rig + explosions

McFarlane v E E Caledonia (1994)

Answer 5

Bystanders are not rescuers amd have to satisfy all the Alcock criteria to claim as secondary victims

Question 6

C saw her house being burned down, suffered severe shock

Attia v British Gas (1987)

Answer 6

A claim for nervous shock can be made if caused by witnessing the destruction of your own property

Question 7

C suffered shock after seeing their sons health deteriorating in hopital

Sion v Hampstead Health Authoriy (1994)

Answer 7

No claim in nervous shock as there was no sudden horrifying event

Question 8

C suffered grief after seeing treatment and death of her child over 36hr

North Glamorgan NS Trust v Walters (2002)

Answer 8

This could ammount to a sudden appreciation of a horrifying event and a claim can be allowed

Question 9

Barmaidf suffered frar when coaches and horses crashed into a bar

Dulieu v White (1901)

Answer 9

A claim for nervous shock can be made when the claimant suffers real and immediate fear of personal danger