Topic
Claims for psychiatric harm, also known as nervous shock, are recognized in tort law when a person suffers mental injury due to another's wrongful act or omission. Establishing liability for psychiatric harm requires meeting specific legal criteria to ensure that claims are legitimate and the harm suffered is foreseeable. The law differentiates between primary and secondary victims, each subject to different standards of proof.
Primary victims are those directly involved in an incident and at risk of physical injury:
Secondary victims are those who witness a traumatic event or its aftermath but are not directly at risk of physical harm. The criteria for secondary victims are more stringent:
In this case, the House of Lords held that a primary victim can claim for psychiatric harm if physical harm was foreseeable, even if no physical injury occurred. The claimant was involved in a car accident and suffered a relapse of a pre-existing psychiatric condition.
This case set out the strict criteria for secondary victims. The claimants, who were relatives of the victims of the Hillsborough disaster, were required to prove a close tie of love and affection, proximity to the event or its aftermath, direct perception, and a recognized psychiatric illness.
A worker is involved in an industrial accident where machinery malfunctions. Although the worker escapes physical injury, they develop post-traumatic stress disorder (PTSD) due to the fear of being harmed. As a primary victim, they can claim for psychiatric harm since physical harm was foreseeable.
A mother witnesses her child being hit by a car and suffers severe depression as a result. She can claim for psychiatric harm as a secondary victim due to the close relationship, direct perception of the event, and recognized psychiatric illness.
Claims for psychiatric harm in tort law require careful consideration of the relationship between the claimant and the event, the proximity to the traumatic incident, and the nature of the psychiatric injury. The law provides distinct criteria for primary and secondary victims to ensure that only legitimate and foreseeable claims are compensated. Understanding these principles is essential for navigating claims involving mental injuries and achieving just outcomes for affected individuals.