primary and secondary victims

• Who are considered primary victims?

  Persons suffering physical or psychiatric injury
• What defines a primary victim in terms of negligence?

  Injury must be foreseeable from negligence
• Who are considered secondary victims?

  Persons suffering psychiatric injury without danger exposure
• What must be met to classify someone as a secondary victim?

  Several conditions must be satisfied
• What are the three elements for psychiatric injury claims?

  1. Class of persons who claim should be recognized
  2. Proximity to the accident
  3. Means of shock
• What is required for the class of persons who claim to be recognized?

  Close family ties with the victim
• What is the presumption regarding relationships like husband and wife?

  They are likely to suffer shock from injury
• Can an unconnected bystander be excluded from claims?

  Not entirely if the event is horrific
• What does proximity to the accident entail?

  Injury by shock can occur from sight/hearing
• What is the means of shock in psychiatric injury claims?

  Must come through sight/hearing of the event
• Is shock from third-party communication compensable?

  No, it should not be compensated
• Does watching an accident on TV suffice for shock claims?

  No, it does not suffice
• What happens if there is uncertainty about a loved one's injury?

  It only causes anxiety, not shock
• What is the liability in the case of a hot air balloon accident on TV?

  Organizers are liable if children are involved
• What did the House of Lords hint about unconnected bystanders?

  They may be classed as secondary victims in exceptional cases
• What did Lord Keith say about psychiatric injury to bystanders?

  It is not ordinarily foreseeable but may be in horrific cases