Miss Edmunds might possibly be able to make a …show more content…
“There are two tests have to be satisfy in order to classified the claimants as secondary victims , which are there must be a close relationship of love and affection with the primary victim and proximity to the accident.’’
Furthermore, it is also important to prove that the psychiatric injury is directly suffered by the defendant’s negligence. As can be said “Was the claimants psychiatric injury triggered by the sudden appreciation by sight or sound of that horrifying event.” According to the case McLoughlin v O’Brian [1983] 1 AC 410 (HL) , the court held that the nervous shock suffered was the reasonably foreseeable result of the injuries to her family caused by the defendant’s negligence and the claimant was entitled to recover damages.
Body (Application)
To apply in this case, we have to prove the elements one by one in order to decide whether Alistair owe Eve a duty of care to avoid causing her psychiatric harm. Those elements included Miss Edmunds suffered was caused by a sudden shock; Miss Edmunds had a close tie of love and affection with a primary victim; and Miss Edmunds witnessed the horrific event with their own or unaided