Can secondary victims of psychiatric harm be owed a duty of care?
Following the case of Alcock [1992], a defendant can be liable to secondary victims who were caused psychiatric illness if it was foreseeable that such an injury would be caused. This was in addition to the already stringent constraints put in place by McLoughlin v O’Brian [1983]. The court here put three ‘control mechanisms’ in place to ensure the scope of liability on secondary victims was restricted.
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