However, to satisfy the proximity of relationship with the primary victims might be considered a major obstacle for the secondary victims when there is an issue of establishing a claim for the psychiatric illness. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. . Courts said the following elements are necessary to establish liability for nervous shock The plaintiff must establish that he suffered a recognizable psychiatric illness, the illness must have been shock induced; caused by the defendants act or omission. These standard criteria have made it more difficult to claim damages in Irish courts. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. In Alcock case, the House of Lords took the view that- the secondary victims will be entitled to establish a claim and recover damages for psychiatric injury if he can establish the fact that, the defendant could have reasonably foreseen that he would suffer from a psychiatric illness due to the negligent act as there was proximity of relationship between both the primary and secondary victims. Music has historically been a key player in society and personal life. Others failed the close ties of love and affection . So, the law in this area seems to be very rigid and complicated for the secondary victims. It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. In the case of Mcloughlin v O Brian[18], Lord Wilberforce[19] took the view that, the reasonable foreseeability should be the only criteria to determine the defendants liability towards the class of person to whom the duty of care might be owed not to inflict any psychiatric injury through nervous shock sustained by reason of physical injury or peril to another. Hearing about it from someone else would not suffice. All of them were connected in various ways . The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. In those cases the court still allowed the claimants to establish a claim and recover damages for psychiatric injury notwithstanding the fact that the secondary victims were not actually present at the scene of the accident. Principle of Frost v Chief Constable of South Yorkshire Police (1998) police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. At trial she was awarded damages for nervous shock. He was told however that the risk was very remote. *595 Robinson v Chief Constable of West Yorkshire Police. v The Chief Constable Of South Yorkshire Police ( [1997]1 All E R.540), their Lordships holding by a majority of 3 to 2 that the claims of the police officers had been rightly dismissed by the trial judge . . YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D
[1964] 1 W.L.R CA 1317 at page 1317. But, when a bystander of a horrible event suffers from psychiatric injury, it becomes very difficult for him or her to establish a claim and recover damages for psychiatric injury, since such a person is not closely connected to the injured person. However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. Accordingly, in the case of Robertson and Rough v Forth Road Bridge Joint Board[35], the claimants brought an action against the defendants for a horrible disaster that took place on the Forth Road Bridge. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . You would be correct that rescuers are generally an excluded category of primary victim, as seen in cases like White v CC of South Yorkshire Police (if family cannot claim, rescuers should not be allowed to) . .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. On the basis of the facts of this case, three preliminary questions arose which were as follows: The first issue was, whether the defendant (the primary victim/ son of the claimant) owes any duty of care towards the claimant (secondary victim) for not causing any psychiatric injury by self inflicted physical injuries. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. Firstly, it fell to be determined whether an employer owed a duty of care to protect their employees from psychiatric injuries they may incur in the course of their employment. Introduction Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Facts. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. The plaintiffs sought damages for nervous shock. The boy sustained a very minor injury and the damage to his tricycle was nothing serious. The victims were taken to the nearest hospital by that neighbour. Bourhill v Young[49] was a case of Edinborough fishwife who suffered nervous shock as a result of the negligence of the defendant motorcyclist who brought about a collision and made the claimant so upset that she had a miscarriage. A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . 0
The lead case on secondary victim claims is Alcock v Chief Constable of South Yorkshire Police [1992] which sets out a 4-stage test known as the control mechanisms. Up until the early 20th century in England, courts have been reluctant to allow recovery for nervous shock. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. She alleged that, as result of suffering from psychiatric illness she had a change in her personality that seriously affected her capabilities as a mother and wife. [50] As per McNair J. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments . .Cited Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000 A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. Employment > Health and safety; Published: 21st Jan 2022. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. In order to establish a claim and recover damages for psychiatric illness the secondary victims must satisfy the proximity of relationship[15]. Three were on duty at the ground itself; one had attempted to free spectators while the other two had attended the makeshift morgue in the gymnasium. In Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, the House of Lords applied that distinction to police officers (and others) who were not themselves within the zone of physical danger caused by the defendant's negligence, but had to deal with the consequences of catastrophic harm to others in the course of their duties . complexities encountered by the court in Frost in applying the principles laid down by Alcock v Chief Constable of the South Yorkshire Police14 and Page v Smith15 are also highlighted. In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as well as different categories of claimants, which . [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. The accident took place when the victims car collided with the defendants lorry which was itself collided with another lorry. At common law the secondary victims (like the bystanders or spectators) who suffer psychiatric illness as a result of witnessing a defendant negligently endangering or injuring others who are unrelated to them in love and affection, cannot recover. Updated: 01 November 2022; Ref: scu.80695. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. In that case it was not reasonably freseeable by the defendant that the claimant was going to suffer from psychiatric illness after witnessing the accident. Although, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. . stream
[9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. Acting for the Chief Constable of the South Yorkshire Police on the Hillsborough litigation in relation to the Inquests, Alcock (family PTSD claims) and Frost/White (police PTSD claims); Court of Appeal win in Webster v Ellison Circlips on automatic strike out. Having witnessed the tragic death of Smith, both his workmates-Robertson and Rough suffered nervous shock. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. hbbd```b`` (dWHI`
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Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. View examples of our professional work here. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. Packenham v Irish Ferries . 5th Oct 2021 In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. The preliminary issue before the court was whether the existing law allows the claimants to bring an action for recovery of damages against the defendants or not. . She suffered nervous shock that affected her pregnancy and caused her injury. Sometimes, the policy consideration came on the way of the secondary victims as an obstacle which did not let the courts give decisions in their favour. Anxiety v stress. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. Note White was known as Frost v. 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