Key Case | Alcock v Chief Constable of South Yorkshire Police (1992) | Negligence - Psychiatric Damage - Secondary Victims

In this case the courts laid down the tests that would be used to determine when a secondary victim may be compensated for psychiatric damage in negligence cases, they must have close ties of love and affection with the primary victims, witness the shocking scene or its immediate aftermath, and do so with their own unaided sense.

CASE SUMMARY

Claimant: Families of victims of the Hillsborough disaster, some present at the scene in a different area, some witnessing them on TV

Defendant: Police

Facts: During an FA Cup semi-final in 1989 between Liverpool and Nottingham Forest, Police ordered that an exit gate be opened in order to reduce the crowds forming outside of the ground. This led to a fatal human crush causing 96 deaths and nearly 800 injuries. Families of the victims brought a claim for psychiatric damage after learning that their family members were involved in the incident.

Outcome: Not Liable

Legal principle: The courts laid down the tests that would be used to determine when a secondary victim may be compensated for psychiatric damage in negligence cases. None of the parties in this case were successful.