Occupier's Liability and Psychiatric Harm Claims in Torts

Celia's Case

1. Celia, who is five years old, attends The Rainbow Primary School. During a period of free play in the garden, Celia slipped away from her teacher, Sharine. Celia wandered off, crossing the infant and then the junior school field and climbing a very small fence to enter a restricted area where she fell down a set of broken and disused steps to a disused building which were slippery and half collapsed. She was unable to read the sign, which read ‘DANGER: REPAIRS UNDERWAY’. Celia suffered a minor head injury and broke her arm. Her toy bear, Shaggy, was broken.

Raymond, a part time teaching assistant who was on his way home, walked past the area of the incident around 5 minutes after Celia fell. He saw Celia lying on the ground and crying. He ran to help her, jumping over the fence before tripping on a tree root. The root had been reported as dangerous to the School by the construction workers working to repair the disused building a week prior. He broke his ankle. Advise Celia and Raymond of any claims under the tort of occupier’s liability.

2. Saskia and Rob are employed by Watermains Corp, a private company which maintains mainline water pipes. Saskia and Rob were called out to fix a burst waterpipe on a residential street which was slightly leaking. While Saskia went off to buy coffee and think about the best way to fix the pipe, Rob decided to get his tools out of the van and try fixing the pipe himself despite this being against company policy which states that all fixing work must be undertaken with two members of staff present. He went to tighten a bolt. However, the bolt was rusty and damaged and burst off. Water burst out of the pipe and a large piece of metal was flung into Rob’s head.

Saskia, who had been walking back with the coffees, heard the water burst from around 50m away. She ran towards the incident where she saw Rob lying on the floor and bleeding. He was semi-conscious when she arrived and she called an ambulance as she held him in her arms. Paramedics Hilary and Nadje were the first professionals to arrive at the scene. They helped Saskia comfort Rob but there was little they could do to save him as he had lost too much blood and he died in Saskia’s arms as they were trying to treat him. Johnny, who lives on the street, suffers from PTSD after spending many years working in the military. He saw the whole incident occur from his bedroom window. He wanted to help but, due to his prior trauma, he was unable to move out of fear. He now suffers additional nightmares and depression since the incident as well as an intense feeling of guilt for being unable to help.

Saskia has suffered from psychiatric illness following the events with Rob, whom she was good friends with, including anxiety attacks, nightmares and depression. She had only just returned to work after time off due to depression.Hilary suffers nightmares after seeing Rob’s death and Saskia’s despair as he died. Advise Saskia, Johnny and Hilary of any claims in psychiatric harm.