Liability for psychiatric injury distinguishes between primary victims who are within the zone of physical danger and secondary victims who witness harm to others; secondary victims face additional control mechanisms including proximity of relationship and perception.
Explanation
Application examples
Scenario
A construction worker is operating heavy machinery on a building site when the defendant contractor's negligent failure to maintain brakes causes an excavator to reverse rapidly toward the worker. The worker dives clear, avoiding physical contact, but suffers acute anxiety, sleep disturbance, and panic attacks for six months. He sues for nervous shock.
Analysis
The worker is a primary victim because he was within the zone of physical danger; the machinery could have struck him had he not jumped. The defendant owed him a direct duty of care to operate machinery safely. Breach is clear—failure to maintain brakes. The psychiatric injury (anxiety and panic) is a foreseeable consequence of nearly being struck by heavy machinery; a reasonable person in that position would suffer such distress. The chain of causation is direct and unbroken.
Outcome
The worker can recover damages for nervous shock. Primary victims face no additional control barriers if foreseeability is established. The physical danger, even without contact, satisfies the foundational requirement.
Scenario
A mother is working in her office three kilometres away when her teenage son is struck by a negligently driven truck at his school. She learns of the accident through a call from the school two hours later. The son survives but with serious injuries. The mother develops depression and post-traumatic stress disorder. She sues the truck driver.
Analysis
The mother is a secondary victim—she was not in physical danger and did not perceive the accident directly. Although the relationship (mother-son) is strong and would normally satisfy the proximity requirement, she fails the temporal and sensory proximity test: she learned of the accident through a third-party phone call, not through her own immediate perception. She was not present at the scene or its immediate aftermath. Without direct sensory perception, courts hold that the psychiatric injury is less foreseeable and the nexus too attenuated.
Outcome
The mother is unlikely to recover. Secondary victims must satisfy multiple control mechanisms, and the perceptual requirement—that the injury flow from witnessing or perceiving the accident directly—is not met. Learning of harm hours later, however much it distresses a parent, falls outside the scope of protected psychiatric injury.
Scenario
A hospital patient is waiting in a ward when a nurse, due to gross negligence in handling a tray of surgical instruments, drops them with a loud crash near the patient's bed. The patient is not cut or struck, but suffers acute fear and remains in a state of extreme anxiety for weeks afterward, requiring psychiatric hospitalization. The patient sues the hospital.
Analysis
This tests the boundary of primary victim status. The patient was arguably in some spatial proximity to danger (the falling instruments), but the danger was momentary and, critically, the patient was not in a zone from which the defendant's negligence could foreseeably cause physical harm to them specifically. The nurse's breach was negligence in handling objects, not negligence that imperiled this patient's bodily safety. However, some courts might hold that a patient in a hospital bed is owed a heightened duty of care and that gross negligence in handling dangerous objects near them places them in the zone of danger.
Outcome
Recovery is uncertain and depends on whether courts classify the patient as within the zone of danger. If yes, the psychiatric injury is foreseeable and recovery follows. If no—if the breach is characterized as affecting the patient's environment rather than their bodily integrity—the patient may fail to meet primary victim criteria and lack the relational scaffolding needed for secondary victim status.
Scenario
A father is present at a factory when his adult son (an employee) suffers a serious chemical burn due to the employer's negligent failure to provide safety equipment. The father witnesses the immediate aftermath—his son being rushed to the medical room with severe burns. The father develops acute psychiatric symptoms and subsequent PTSD. He sues the employer.
Analysis
The father is a secondary victim. He was not himself in physical danger, so he is not a primary victim. However, he satisfies the secondary victim criteria: (1) strong proximate relationship (father-son); (2) spatial and temporal proximity (present at the factory, witnessed the immediate aftermath); and (3) foreseeable psychiatric injury (a parent witnessing their adult child's sudden serious injury is a classic scenario of foreseeable distress). The fact that the son was the direct target of the negligence, and the father was present as a bystander, does not defeat liability.
Outcome
The father can recover for nervous shock. He meets all three secondary victim control mechanisms. The defendant's duty to the son is not extended to the father, but the father has his own independent claim based on the foreseeability of psychiatric injury to a proximate relation who directly witnesses sudden serious harm.
How CLAT tests this
- A question presents a secondary victim with a strong familial bond but omits the sensory-perception element—the claimant learns of the harm through an email or news report rather than witnessing it—and invites you to award damages on relationship alone, ignoring that temporal-spatial proximity is a separate and required gate.
- A fact pattern describes a defendant who failed to rescue or prevent harm (a lifeguard who did not dive in to save a drowning child) and asks about liability for psychiatric injury to the parent; this conflates misfeasance (active negligence) with nonfeasance (failure to act) and imports rescue duty doctrine, muddying the nervous shock framework.
- A scenario involves an indirect or second-hand account of harm—'The grandmother heard from her daughter that her grandson was in an accident'—and frames it as a relational proximity question, conflating the duty-of-care relationship between defendant and claimant with the perceptual requirement for secondary victims.
- A fact pattern includes a vulnerable claimant with a pre-existing psychiatric condition (depression or anxiety disorder) and attributes the exacerbation entirely to the defendant's negligence, inviting damages without analysis of whether the breach caused the injury or merely triggered a pre-existing susceptibility—a causation confusion.
- A multi-party scenario introduces an element of comparative fault or workers' compensation scheme and asks whether the claimant's presence in the danger zone amounts to contributory negligence, collapsing the question of whether the secondary victim criteria are met with the question of whether the claimant invited the risk.