In cases of psychiatric injury caused by witnessing an accident, the claimant must establish that the defendant owed them a duty of care directly. This typically involves demonstrating that the claimant was a "primary" or "secondary" victim. Primary victims are those directly involved in the incident, while secondary victims are those who witness it and suffer psychiatric harm as a result. For secondary victims to recover damages, they must satisfy the criteria established in cases such as Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. This includes proving a close tie of love and affection with the primary victim, proximity to the event or its immediate aftermath, and that the psychiatric injury was caused by a shocking event. Since Ms. Johnson had never met Mr. Smith and thus lacked a close relationship, the instructor did not owe her a duty of care. 

Key Point: To claim damages for psychiatric harm as a secondary victim, there must be a duty of care owed to the claimant, which is established by factors such as a close relationship with the primary victim and proximity to the incident. Without these elements, the claim cannot succeed.