. Initially Alcock was not worried about his brother in law as he believed that he would be watching the match from another stand of the stadium which was safe. Firstly the court held that despite the fact that the plaintiff was approximately two miles away from the incident and did not arrive at the hospital until one hour after the incident; the scene at the hospital (all victims were still covered in mud and oil) was such to render her proximate to the accident. Moreover, it cannot be expected that the defendants will compensate the whole world at large. In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. Moreover, a rescuer in relation to whom physical injury was not reasonably foreseeable could not recover damages for psychiatric injury sustained by witnessing, or participating in the aftermath of, an accident which had caused death or injury to others; such rescuers were to be categorised as secondary victims, and so would have to meet the conditions specified by Lord Oliver in Alcock. Before making any decision, you must read the full case report and take professional advice as appropriate. Others failed the close ties of love and affection . [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. The children had severe head and face injuries, concussion and fractures. On that occasion the law lords removed any special rights of employees or . Lord Steyn's observation in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, was that while, "the law on the recovery of compensation for pure psychiatric harm is . The document also included supporting commentary from author Craig Purshouse. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. Courts must therefore act in company and not alone. It is of paramount importance that the law enforcement The defenadant appealed against the decision of Salmon J. The claimant further argued that the defendant by causing an accident to the boy negligently had been in breach of his duty and was liable to for all the direct consequences of the breach, no matter if the damage to the claimant was reasonably forseeable or not. Both cars suffered considerable damage but the drivers escaped physical injury. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. Facts. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. Potential claims of misfeasance in public office and libel might also be considered. The very moment Smith was being thrown off the van by the wind, Robertson did not in fact see what happened as he was driving. This was an event of 19th October 1973. This case raised two principal questions. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. endstream endobj 165 0 obj <> endobj 166 0 obj <>/MediaBox[0 0 594.72 841.68]/Parent 162 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/Tabs/S/Type/Page>> endobj 167 0 obj <>stream 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. There was a fear that it would be difficult for the courts to distinguish between a genuine claim and a fictitious claim, and also the fear that if one person recovered, this would in turn lead to a possible floodgate of claims. His Lordship continued that, the court will not interfere with the decision given by Salmon LJ and accept that the defendant was liable for the boys accident which resulted in a psychiatric injury to the claimant. The plaintiffs were not primary victims as they we were not within the range of foreseeable physical injury and their psychiatric harm was a result of . [1953] 1 All ER 617 at page 621. .Cited Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007 The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. Held: The general rules restricting the recovery of damages for . The case Alcock v Chief Constable of Yorkshire Police relates to claims brought by Alcock and several other claimants after the Hillsborough disaster in 1989. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Lord Jauncey[32] took the view that such a categorization would be illogical as well as arbitrary. where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. The test of reasonable foreseeability was applied and issues of space, time and relationship were considerations in determining the degree of foreseeability of psychiatric illness. The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. Furthermore, the issue of measurability was a concern. 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. Once the requirement of proximity of relationship is satisfied, the secondary victims must also establish the facts that he had physical proximity to the accident or its immediate aftermath. There are a number of subsequent case examples where the English courts have adhered to the requirement of close tie of love and affection as established in the Alcock case. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. The Greatorex v Greatorex and another[37]is another case in which the question arose whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . Info: 3380 words (14 pages) Essay A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). Similary, the defendant argued that, in the present case, the claimant was far away from the actual place of the accident and did not see what happened there. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Hearing about it from someone else would not suffice. 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. They said that the defendants negligent treatment allowed the attack to take place. According to Lord Oliver[31], it would be unfair to create a list of the category or class of people whose claim should be allowed and whose claim should be failed. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. He suffered only psychiatric injury. The outcome of the Frost v Chief Constable Of South Yorkshire Police case, in which the House of Lords decided that the plaintiffs ( police officers) who, as a result of assisting the victims of the Hillsborough disaster ,which had been caused by negligence,( for which the Chief Constable was liable) , were not entitled to damages for nervous shock , either because their employment relationship gave rise to duties which were not owed to strangers, nor as rescuers , I feel gives credence to this statement by Lord Steyn . [1999] 2 AC 455. The facts of this case are as follows, the plaintiff, Mr. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . Lord Morton of Henryton: it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . The secondary victims are required by the existing law to satisfy or establish additional criteria before they can bring a claim for psychiatric injury against the negligent defendant which has been discussed elaborately in the later chapters. According to the facts of this case, the claimants (Robertson and Rough) and the primary victim (George Smith) used to work together with the defendants (Forth Road Bridge Board). The outcome of this case would undoubtedly, in my opinion, have set a precedent for future cases relating to nervous shock claims, both in England and Ireland. Top Tier Firm Rankings. A rescuer, not himself exposed to physical risk by being involved in a rescue was a secondary victim, and as such not entitled to claim. The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. However, an action was brought by the mother for psychiatric injury against the defendant. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. Nor is any duty of care owed to a rescuer lacking ordinary courage. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. 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. He then got really worried and started looking for him around but there was no trace of his brother in law. Firstly, the secondary victims must prove that the relationship between him and the primary victim is so close that it was reasonably foreseeable by the defendants that he could have suffered nervous shock through the fear of the physical injury sustained by the primary victim. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying We have come back to the plain . Decent Essays. It appears to have played an unjustifiably large part in the . The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. They brought an action against their employer for negligently causing psychiatric illness to them. .Cited Calvert v William Hill Credit Ltd ChD 12-Mar-2008 The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. 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. Abstract. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . Do you have a 2:1 degree or higher? Cases Referenced. No issues of. *You can also browse our support articles here >. In this case, the court was concerned whether the claimants fall into the category of secondary victims and therefore entitled to bring an action against the defendants. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. In the case of Frost v Chief Constable of South Yorkshire Police[5], the court considered the post traumatic disorder to be a recognizable psychiatric injury. The teenager, who is now fighting for his life, was struck by a blue Mini Cooper at the junction of Leeds Road and Muffit Lane in Heckmondwike. Different kinds of harm The horrific events of 15 April 1989 at the . Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. 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