mere grief and sorrow are normal human emotions for which no duty of care is owed.
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Bourhill v Young (1943)
people should possess sufficient "phlegm" and fortitude to overcome distress at witnessing an incident.
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Primary victims definition and example
People who are physically injured or were at risk of it from being in the danger zone and suffered psychiatric injury. E.G Dulieu v White (1901)
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Secondary Victims definitions
those not at risk of physical harm but suffer psychiatric injury from witnessing injury to others.
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Where do the definitions for the victims come from?
Alcock (1992)
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For secondary victims, what must they prove?
That the psychiatric harm was reasonably foreseeable and pass the Alcock four point test
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Name the four stages of the test
A close tie of love and affection (parent and child), Witness the accident or immediate aftermath, Witness the event with their own senses, Psychiatric injury must be as a result of a sudden shock
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How are rescuers treated?
If a rescuer enters a danger zone to help people they are treated as a primary victim, e.g Hale v London Underground (1992). Rescuers that don't enter the danger zone are treated as any other secondary victim and must pass the four part Alcock test.
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Other cards in this set
Card 2
Front
people should possess sufficient "phlegm" and fortitude to overcome distress at witnessing an incident.
Back
Bourhill v Young (1943)
Card 3
Front
People who are physically injured or were at risk of it from being in the danger zone and suffered psychiatric injury. E.G Dulieu v White (1901)
Back
Card 4
Front
those not at risk of physical harm but suffer psychiatric injury from witnessing injury to others.
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