In April of this year, the High Court awarded Ms Lisa Sheehan €87,000.00 in damages as a result of the psychiatric injury that resulted from her presence at the scene of a road traffic accident. The Defendants were the persons responsible for each of the two vehicles directly involved in the collision.
The High Court judge focused on two fundamental issues on the law governing liability for negligently inflicted psychiatric damage;
- What is the nature and scope of the duty of care not to cause a reasonably foreseeable psychiatric injury to a person who is not directly involved in the accident cause by that breach of duty?
- Does the law recognise a right of recovery for the psychiatric consequences of witnessing an accident, if the primary victim is the wrongdoer rather than a blameless third party?
Facts of the case
By way of brief background to this case, an accident occurred on 28 January 2017 west of Mallow, County Cork. A passenger bus, owned and operated by the first defendant Bus Éireann, was struck head on by a single occupant motor car. The occupant in the car died in the crash and this vehicle’s insurer, FBD Insurance was the second named defendant. Ms Sheehan did not see the collision take place although some debris from it struck her car which prompted her to brake and pull in. Ms Sheehan exited her vehicle and investigated the crash when she glimpsed the badly disfigured and partly decapitated body. Although in shock, Ms Sheehan called the emergency services and requested help. Ms Sheehan also encountered the bus driver, whose face was covered in blood.
Due to what Ms Sheehan witnessed, she developed moderately severe post traumatic stress disorder and had to give up her job as a hairdresser two years later on the basis she felt unable to continue. Ms Sheehan also suffered nightmares and flashbacks, her condition placed great strain on her relationships and she continued to have counselling and medication up to the trial. Ms Sheehan claimed those injuries were the result of the negligent operation or control of both the bus and the car. Bus Éireann denied negligence while FBD admitted the accident was caused by the negligence of the deceased car driver. Both defendants argued Ms Sheehan’s psychiatric injuries did not give rise to any cause of action recognised by law and they did not owe her a duty of care.
In particular, the defendants argued Ms Sheehan was merely a secondary victim of the accident and even if she could establish her psychiatric illness was reasonably foreseeable as a result of negligence, she cannot bring a claim for damages in accordance with previous case law in the UK.
Decision
The Judge disagreed with the Defendants and was satisfied that due to the debris hitting Ms Sheehan’s car, she was a primary victim and within the area of risk of foreseeable physical injury. Therefore, the judge found that she was a participant in the accident, albeit one on the periphery of it.
Lastly, the judge rejected the Defendants argument that Ms Sheehan’s claim must fail as there is no liability in negligence where the primary victim (the deceased driver) was the negligent defendant and the shock to Ms Sheehan arose from witnessing the defendant’s self-inflicted injury.
The High Court judge awarded Ms Sheehan general damages in the sum of €65,000 to date and €20,000 into the future, making a total of €85,000. Special damages were agreed in the sum of €2,238. The total award was €87,238.
Conclusion
The court’s decision serves as a helpful summary of the law on negligently inflicted psychiatric injuries. It also reiterates that persons involved in the aftermath of an incident who are carrying out “civic-spirited actions” are owed a duty of care.
If you have any queries in relation to this judgment or any other personal injuries matter, please contact Mark Collins Mark@tomcollins.ie.
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