判决理由
A secondary victim claiming for psychiatric injury caused by witnessing an accident must satisfy proximity requirements: (1) a close tie of love and affection with the primary victim; (2) proximity in time and space to the accident or its immediate aftermath; (3) perception of the accident with their own unaided senses.
事实
The Hillsborough football stadium disaster on 15 April 1989 resulted in 96 deaths. Relatives and friends of victims who watched the events unfold on live television, or who arrived at the ground or hospital later, claimed for psychiatric injury.
判决摘要
The House of Lords dismissed all claims. Watching live television did not satisfy the proximity requirement as the broadcasting guidelines ensured no identifiable individuals were shown. Some claimants arrived too late to witness the immediate aftermath. The court established the three control mechanisms for secondary victim claims.
关键引述
"The necessary proximity cannot be established by viewing the events on television."
— Lord Ackner
后续处理
Leading authority on secondary victim psychiatric injury claims. Applied and slightly relaxed in some respects. The three control mechanisms remain the governing framework.