Primary and Secondary Victims in Personal Injury Law

Primary Victim

• Alcock, Lord Oliver: Those involved in traumatic events.
• McFarlane v E.E Caledonia: Piper Alpha Oil Rig disaster.
• Page v Smith: Test today. Claimants with recurring disease due to an accident.

Held: Successful, showed physical injury or danger of physical injury, and reasonable belief of being in danger (reasonable foreseeability of psychiatric injury not taken into account). Affirmed: Simmons v British Steel.

White: Foreseeability of psychiatric injury no longer needs to be proven.

Secondary Victim

1. Reasonably Foreseeability (old law, still using): McLoughlin, Alcock
2. Sudden Shock: Sudden sight or sound that violently triggered the mind.
3. Proximity
   • (a) Relationship: Tie of love and attraction.
   • (b) To the incident: Closeness in time and space to the incident or its immediate aftermath. Taylor v Somerset, Palmer v Tees, North
   • (c) Galli - Gamorgan NHST v Walters (means by which the C knew about the tragedy)

Problem Areas

1. Rescuers
   • Chadwick: Volunteer rescuers could claim.
   • Alcock: Rescuers as primary victims can claim if induced to rescue and suffer injury.
   • White: No reason to give special treatment as primary victims are not within the range of harm.
   • Greatorex v Greatorex: If criteria couldn't prove he was a primary victim, must satisfy additional criteria.
2. Bystanders
   • McLoughlin: Policy reasons, not allowed to sue.
   • Alcock: Expected to be able to withstand unless too horrific (e.g., petrol tank).
   • McFarlane: Fear deemed unreasonable.
3. Involuntary Participants/Unwitting Agents/Agents of Misfortune
   • Dooley: D's negligent act caused C to believe he caused the death of another, D liable if shock is reasonably foreseeable.
   • Alcock: C as Dooley should be allowed DOC as a primary victim.
   • White: Disagreed.
   • Monk v PC Harrington: No DOC, no reasonable basis for perception.