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In Law Of Tort we were discussing points relating Duty of Care. A scenario came up regarding an Off Duty firefighter who sought damages in negligence against a guy who accidentally killed himself by accidentally setting himself alight. The off duty officer tried to assist but was unable to due to the flames and has now been off work suffering from depression and anxiety. It must be noted that the officer was never actually physically injured. We were asked to discuss points that go against the officers claims regarding Duty of Care. I was wondering if anyone could help with points or cases against the officers claim? Secondary Victims, Anything to do with them being Off-Duty etc?Thank you.
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If the firefighter is a secondary victim, the answer is within the case, Alcock v Chief Constable of South Yorkshire which establishes a four-part test in order to claim damages for psychiatric harm. If the firefighter is a secondary victim, it is likely his claim would fall it at the first hurdle (close ties of love and affection with a primary victim) unless the guy who set himself on fire was his dad, child, husband or so on... Hope this helps.
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