Greatorex v Greatorex [2000] 1 WLR 1970

Facts:

  • Defendant had been drinking with his friend H. With H’s permission D proceeded to drive H’s car, with H himself as a passenger.
  • D was responsible for a serious collision with an oncoming vehicle. H did not suffer any serious injuries but D was left trapped inside the car, unconscious and with a severe head injury.
  • The emergency services arrived which was the claimant, a fire officer and the father of D. Having to attend to his son in such circumstances caused C to develop PTSD and sued D in negligence.

 Issue:

  • Whether, and in what circumstances, a person could be liable in negligence to a close family member for any self-inflicted harm that, having been witnessed by said family member, had caused them suffer lasting psychiatric damage?


 Ratio:

  • The court, finding in favour of C, rejected the claim on policy grounds.
  • Whilst it was correct that C fell within the definition of a secondary victim, a primary victim could not be liable in negligence to a family member as a result of their own self-inflicted injuries.

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