(Part of psychiatric harm) Primary and secondary victims Flashcards
(10 cards)
What is a primary victim?
Someone directly involved in an incident who was at risk of physical harm, and suffers a recognised psychiatric injury.
What is a secondary victim?
Someone who witnesses an incident or its aftermath, suffers a recognised psychiatric injury, but was not directly involved.
What case can be used for primary victims?
Paige v Smith.
Describe the Paige v Smith case.
C involved in minor car accident.
Not physically injured but suffered a relapse of a previous psychiatric illness.
What would happen if everyone who was a secondary victim was permitted to claim?
The courts would be overwhelmed with claims and it would be unaffordable.
What must a secondary victim establish in order to make a claim?
Proximity - closeness in time and space or relationship.
What case can be used for secondary victims?
McLoughlin v O’Brian.
What case established a criteria for secondary victims after McLoughlin v O’Brian?
Alcock v Chief Constable.
What was the critera set out in Alcock v Chief Constable?
C must have close ties of love and affection with V
C must be close to the accident in time and space
C must perceive accident with his own senses
What do primary victims not have to prove?
They don’t have to prove that psychiatric harm was foreseeable.
