- Created by: Sahar
- Created on: 03-02-15 15:17
1- MUST be a recognised psychiatric illness:
Nervous shock, post traumatic stress disorder, severe depression, pathalogical grief disorder-Vernon.
Grief, distress,, fright not included- Reilly- discomfort in lift
2- Primary Victim- at the scene Rescuers must be primary victims, Hale-fireman
Dulieu v white and sons- 'reasonable fear of immediate personal injury to oneself'
Injured: Simmons- employer liable for damages at work place
Not injured but threatened: Page v Smith- pvs only need to show some kind of physical injury was foreseeable. Secondary victims need to show personal injury WAS foreseeable, 'eggshell personality' applies.
Secondary Victim- witnessed event or immediate aftermath Alcock v CCSY
1-Close tie of love and affection- immediate family, Bourhill v Young- bystander
2-Proximity in time and space- at scene or immediate aftermath McLoughin v O'Brien- before clean up
3-must witness the incident with own unaided senses, tv, phone, radio not included
Personal injury must be induced by sudden shock- cannot be over days- Sion -14 days
Primary victim cannot owe a duty to secondary victim