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Questions and Answers
What was the main legal issue concerning the police officers' claims in Frost v Chief Constable of South Yorkshire?
What was the main legal issue concerning the police officers' claims in Frost v Chief Constable of South Yorkshire?
- Whether their claims were valid regardless of their actions
- Whether the officers were primary or secondary victims under the Alcock test (correct)
- Whether they could sue the Chief Constable for physical harm
- Whether they could recover damages for emotional distress without physical danger
What did LORD STEYN conclude regarding the status of the rescuers in this case?
What did LORD STEYN conclude regarding the status of the rescuers in this case?
- They were secondary victims due to the circumstances
- They were entitled to full compensation for their PTSD
- They were primary victims as rescuers
- They were neither primary nor secondary rescuers (correct)
What is a threshold requirement for a rescuer to recover for psychiatric harm according to the judgment?
What is a threshold requirement for a rescuer to recover for psychiatric harm according to the judgment?
- The rescuer must have objectively exposed themselves to danger (correct)
- The rescuer must have been physically injured during the rescue
- The rescuer must have a close relationship with the primary victim
- The rescuer must have attempted an unlawful act
What does LORD HOFFMAN express concern about in his obiter comments?
What does LORD HOFFMAN express concern about in his obiter comments?
Why could bereaved relatives potentially not recover for psychiatric harm according to the ruling?
Why could bereaved relatives potentially not recover for psychiatric harm according to the ruling?
What legal plea would typically not benefit a wrongdoer if a rescuer is injured during a rescue attempt?
What legal plea would typically not benefit a wrongdoer if a rescuer is injured during a rescue attempt?
What is implied about the duty of care owed by a defendant to a rescuer in specific situations?
What is implied about the duty of care owed by a defendant to a rescuer in specific situations?
What does the phrase 'ghoulishly curious spectators' refer to in the context of the judgment?
What does the phrase 'ghoulishly curious spectators' refer to in the context of the judgment?
Flashcards
Rescuers and PTSD
Rescuers and PTSD
Policemen who experienced PTSD after attempting to revive victims at Hillsborough were not considered primary or secondary victims as they were not exposed to danger, thus, unable to claim for psychiatric harm.
Rescuer's Act
Rescuer's Act
A rescuer's act in putting themselves in danger is not seen as a breaking the chain of causation between the defendant's negligence and the rescuer's injury, it's a foreseeable reaction.
Threshold Requirement for Rescuer's Claim
Threshold Requirement for Rescuer's Claim
To establish a duty of care for pure psychiatric harm, a rescuer must be able to prove they objectively exposed themselves to danger or reasonably believed they were in danger.
Preventing Ghoulish Spectators
Preventing Ghoulish Spectators
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Preventing Incrementalism
Preventing Incrementalism
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Primary vs. Secondary Victims
Primary vs. Secondary Victims
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Alcock Test
Alcock Test
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Containing Claims
Containing Claims
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Study Notes
White v Chief Constable of the South Yorkshire Police Case Summary
- Facts: Police officers (Cs) suffered PTSD after attempting unsuccessful rescue efforts at the Hillsborough disaster. They sued their employer for compensation.
- Argument: Cs argued they should be immune from the limitations set in Alcock because they were rescuers, and foreseeable risk of psychiatric injury existed.
- Issue: Duty of care owed to rescuers? Who qualifies as a rescuer for recovery of psychiatric harm?
- Result: Cs's claim failed. They were not considered primary or secondary rescuers according to the Alcock test.
- Judgment (Lord Steyn): Rescuers were not exposed to personal danger, nor did they perceive themselves to be. Therefore, they fall outside the primary/secondary victim categories laid out in Alcock. This case demonstrates no exception for rescuers.
- Key Principle (per Lord Steyn): Rescuers must expose themselves to, or reasonably believe they are exposing themselves to, danger to qualify as a rescuer for compensation. Otherwise, bereaved relatives wouldn't be able to recover, while others (e.g. "ghoulishly curious spectators") might.
- Further Consideration (Lord Hoffman): Concern over the potential for expansive claims that could potentially make employers liable for psychiatric harm. A similar situation exists for physical harm to employees.
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Description
Explore the significant legal principles established in the case of White v Chief Constable of the South Yorkshire Police. This quiz examines the arguments around police officers suffering PTSD after the Hillsborough disaster and their claims for compensation. Understand the court's judgments regarding the duty of care owed to rescuers and the application of the Alcock test.
