Tort Law
Psychiatric Harm
Primary victims – exposed to a risk of physical injury or people who are
exposed to a risk of psychiatric injury (first-hand).
Secondary victims – witnessed someone injured, not physically exposed
(second-hand).
Workshop
‘Declan – saw his sister, a fellow student (Della), aged 21, hit and
seriously injured by the lorry.’
Secondary Victim – not physically exposed to danger.
Fortitude test – a person with fairly strong nerves would suffer
nervous shock if saw 7 people (including his sister) hit by a large
truck.
Foreseeability of relationship – there are no presumptions of
closeness for siblings which means Declan would have to prove this
closeness.
Proximity – was there at the site and saw the incident happen which
proves proximity.
Has a recognised PTSD from a doctor.
Trauma resulted from seeing his sister and other classmates hit by a
large lorry.
‘Theo – aged 37, inside lecture hall when lorry hit. Ran outside to find his
wife Sarah, another lecturer lying in the car park injured.’
Secondary victim – he was not physically exposed to danger.
Fortitude test – would possibly suffer seeing 7 people including his
wife thinking she’s dead, a normal person would likely suffer.
Foreseeability of relationship – presumption of closeness as he is
married to Sarah.
Proximity – saw/heard the aftermath within the hour.
Suffering from PTSD confirmed by doctor.
Anthony
Primary victim – he was physically exposed to the danger (within the
zone of danger) and was nearly hit.
Foreseeable – expectation of a physical injury to happen however he
suffered psychiatric harm instead.
PTSD recognised from a doctor.
Psychiatric Harm
Primary victims – exposed to a risk of physical injury or people who are
exposed to a risk of psychiatric injury (first-hand).
Secondary victims – witnessed someone injured, not physically exposed
(second-hand).
Workshop
‘Declan – saw his sister, a fellow student (Della), aged 21, hit and
seriously injured by the lorry.’
Secondary Victim – not physically exposed to danger.
Fortitude test – a person with fairly strong nerves would suffer
nervous shock if saw 7 people (including his sister) hit by a large
truck.
Foreseeability of relationship – there are no presumptions of
closeness for siblings which means Declan would have to prove this
closeness.
Proximity – was there at the site and saw the incident happen which
proves proximity.
Has a recognised PTSD from a doctor.
Trauma resulted from seeing his sister and other classmates hit by a
large lorry.
‘Theo – aged 37, inside lecture hall when lorry hit. Ran outside to find his
wife Sarah, another lecturer lying in the car park injured.’
Secondary victim – he was not physically exposed to danger.
Fortitude test – would possibly suffer seeing 7 people including his
wife thinking she’s dead, a normal person would likely suffer.
Foreseeability of relationship – presumption of closeness as he is
married to Sarah.
Proximity – saw/heard the aftermath within the hour.
Suffering from PTSD confirmed by doctor.
Anthony
Primary victim – he was physically exposed to the danger (within the
zone of danger) and was nearly hit.
Foreseeable – expectation of a physical injury to happen however he
suffered psychiatric harm instead.
PTSD recognised from a doctor.
