Alcock v Chief Constable of South Yorkshire [1992]
Alcock v Chief Constable of Yorkshire [1992] was a test case which arose out of the Hillsborough disaster which occurred at Hillsborough Football Stadium on April 15th, 1989. It concerned claims brought by friends and relatives of people who were injured or killed at the stadium during the incident.
Getting damages for pure psychiatric harm for secondary victims.
Let’s imagine you receive an email from a potential client who says he saw two of his sons and his brother get physically injured in a car accident. He wasn’t in the car himself. He watched the accident from his living room window because it occurred when his family members were pulling into the driveway to his house.
How does a primary victim get damages for pure psychiatric harm in English tort law?
Imagine a potential client sends a message to you. He says he was almost in a road accident. A huge truck almost hit his car and he swerved onto the pavement. He wasn’t physically injured but he has since been suffering mentally.
Dulieu v White & Sons [1901]
The defendant’s servant unintentionally drove a pair horse van into the pub that the plaintiff who was pregnant at the time was working in. She suffered nervous shock and subsequently gave birth to a premature and disabled baby.
Victorian Railway Commissioners v Coultas (1888) 13 App Cas 222
Mary Coultas, her husband James Coultas and her brother John Wilson were travelling in a buggy from Melbourne to Hawthorn. When they arrived at a level crossing, the gatekeeper opened the gate and let them in.