2. Primary and Secondary Victims

Primary and Secondary Victims

The law distinguishes between primary and secondary victims.

Primary Victims – Definition

Primary victims are those who suffer physical and psychiatric harm (Simmons v British Steel) or those who suffer psychiatric harm after being exposed to the risk of physical injury, even if they are not physically harmed themselves (Page v Smith).

Primary Victims – Thin Skull Rule

Both of these cases illustrate that the thin skull rule applies to primary victims, who are owed a duty of care and can claim if both breach and damage can be established.

Secondary Victims – Definition

Secondary victims are those who were not at risk of physical harm, but have suffered psychiatric harm after witnessing the incident or its immediate aftermath, which tends to be extended to around 2 hours after the incident (Atkinson v Seghal).

Rescuers as Secondary Victims

Additionally, a rescuer will be regarded as a secondary victim unless they are in physical danger.