Negligence - Duty of Care - Psychiatric damage

Question 1

Can anybody claim for psychiatric damage

Answer 1

Duty of care must first be established -A duty is normally able to be established for a primary victim but the hurdle is much harder for secondary victims

Question 2

What is a Primary victim

Answer 2

A primary victim is someone who was exposed to the dangers of physical harm (in the danger zone) and the actions of the defendant could have a reasonably foreseeability of harm occurring a duty of care is therefore established

Question 3

What is a Secondary Victim

Answer 3

A Secondary victim is someone who suffers psychiatric damage as a result of witnessing a traumatic event but was in no danger of physical harm.(not in the danger zone)

Question 4

When can a secondary victim recover damages

Answer 4

A Secondary Victim can claim for psychiatric damage if the damage is suffered due to witnessing the events with own unaided senses and there is a close tie of love and affection

Question 5

Liability for secondary victims criteria

Answer 5

Reasonable foressablity of psychiatric illness arising from a close relationship of love and affection to the primary victim and the test of proximity in terms of time and space between the secondary victim and the accident or its immediate aftermath and the damage had to result from the secondary victim seeing or hearing the accident with their own unaided senses

Question 6

Rescuers Layperson can they recover damaged

Answer 6

Laypersons rescuers can recover damages if deemed to be a primary victim

Question 7

Rescuers (Professional)

Answer 7

Must show sufficient proximity by demonstrating their own safety was endangered

Question 8

Bystanders

Answer 8

Bystanders can not recover damages unless all elements from Alcock were satisfied

Question 9

Secondary Victim damage as a result of Actual victims Negligence

Answer 9

No damages can be claimed if a secondary victim suffers harm if the damage to the primary victim is as a result of thier own actions