The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). [1981] 1 All ER 809. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. As a result of the tragic death of his workmate he was so upset and mentally distressed. 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: The definition of the work expected of him did not justify the demand placed upon him. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. No rule of public policy exists that excludes claim for nervous shock . Therefore the claimants appeal was dismissed by the Court of Appeal. We and our partners share information on your use of this website to help improve your experience. The horrible accident took place when the employees were removing a big thin piece of metal sheeting which was lying on the south-bound carriageway. On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. Info: 9733 words (39 pages) Dissertation Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310, Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194, White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509, Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. During this period in society there was a view that people of strong moral character did not succumb to their emotions. Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. 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 . He was seriously injured. Only full case reports are accepted in court. Note White was known as Frost v. Chief Constable of South Yorkshire Police in the Court of Appeal] LORD GOFF My Lords, These appeals arise from further proceedings following the tragic events which occurred at the Hillsborough Football Stadium in Sheffield on 15 April 1989, when 95 spectators died and hundreds more were injured, one fatally, as . 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 Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. Programme for stress management. 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. The claimant must show that his / her injury was reasonably foreseeable, although Lord Wilberforce did state that foreseeability does not of itself automatically lead to a duty of care. Initially Lord Bridges viewpoint held but Lord Wilberforce argument gathered credence,as evident in the following case. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. Cited Brice v Brown 1984 The plaintiff, a lady with a hysterical personality disorder since childhood, had a minor taxi accident and then developed a major psychiatric illness bizarre behaviour, suicide attempts, pleading with people to cut her head off in response to a . Both the judgements given by Stephenson and Griffith LJ was appreciated and therefore agreed by Cumming-Bruce LJ. In support of the first proposition, the defendants rely on the principles developed in a trilogy of House of Lords decisions commencing with Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, continuing with Page v Smith [1996] AC 155, and culminating in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (on . The . This was a case which involved a huge disaster in the Hillsborough football stadium[23]. .Cited Mullaney v Chief Constable of West Midlands Police CA 15-May-2001 The claimant police officer was severely injured making an arrest. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. The secondary victims must be close to the accident both in terms of time and place. White v Chief Constable of the South Yorkshire Police was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. Having studied this case, I feel it is significant for a number of reasons. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. The claimants eight year old son was very close to the near side door of the car and was playing there. The Irish courts have been much more responsive in allowing recovery for nervous shock. As a result of the negligence of the police department, ninety six spectators died in a massive crash and more than approximately four hundred spectators were severely injured in that accident. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. The claimants, as secondary victims, had to satisfy the criteria for the imposition of liability formulated by the House of Lords in McLoughlin v O'Brian [1983] 1 AC 410 and Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. So, in this situation- Singleton LJ. She suffered nervous shock that affected her pregnancy and caused her injury. The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. Only full case reports are accepted in court. In-house law team, White and Others v Chief Constable of the South Yorkshire Police [1999] 2 AC 455, NEGLIGENCE PSYCHIATRIC DAMAGE LIABILITY TO RESCUERS DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. As a result, the law in this area seems to be complex as well as inconsistent. Another appellant, namely Robert Alcock, was present on the ground during the football match and witnessed the whole disaster from the west stand of the stadium. In the case of Frost v Chief Constable of South Yorkshire Police [5], . The defendant admitted that they were negligent in relation to the death of her daughter as well as injury to her rest of the family members but simply denied any kind of liabilty for negligently causing psychiatric injury to her. The mother was so frightened as soon as she came across the scene. These standard criteria have made it more difficult to claim damages in Irish courts. 164 0 obj <> endobj Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. . In the case of Alcock v Chief Constable of South Yorkshire,[6] Lord Ackner defined the term nervous shock or psychiatric illness as Sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. On the other hand, Lord Keith defined psychiatric illness as Sudden assault on the nervous system. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . The present law in this area seems to be very rigid and restrictive for the secondary victims. The Categorisation of Primary and Secondary Victims A. Cited Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961 Foreseeability Standard to Establish NegligenceComplaint was made that oil had been discharged into Sydney Harbour causing damage. He was told however that the risk was very remote. The facts of this case are as follows, the plaintiff, Mr. The lorry ran violently down the hill. D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. 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. It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. 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. hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. The married mother-of-one began her policing career in 1998 with Humberside Police and joined South Yorkshire Police in 2017 as Assistant Chief Constable. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy.