3. Negligence: Pure Pschiatric Harm

Question 1

What is Psychiatric Harm?

Answer 1

A recognized psychiatric illness caused by a sudden shock or horrifying event. More than grief, sorrow, or sadness.

Question 2

What are the two types of Victims able to claim Psychiatric harm following Alcock v Chief Constable of South Yorkshire Police?

Answer 2

1. Primary Victims
2. Secondary Victims

Question 3

What are primary Victims?

Answer 3

• Those who were involved in the accident and suffered either physical injury and/or mental injury.

They was in ‘the physical zone of danger’, or reasonably believes that they are in danger.

Question 4

What are Secondary Victims?

Answer 4

• Those who were not directly involved in the accident but suffered mental injury as a result of what they saw or heard at the scene of the accident or its immediate aftermath.

IT MUST BE REASONABLY FORSEEABLE FOR A PERSON OF REASONABLE FORTIUDE TO SUFFER SOME PSYCHIATRIC INJURY AND THEY MEET THE CONTROL MECHANISM TEST LAID DOWN IN ALCOCK.

Question 5

What are the three criteras secondary victims must meet for a psychiatric injury claim?

Answer 5

It must be reasonably foreseeable for a person of reasonable fortitude to suffer some psychiatric injury and…

Alcock Control Mechansism:

1. Must have close ties of love and affection (Presumption in favour of parents, children, and spouses but other cases must be proved)
2. The claimant suffered mental injuries at the scene of the accident or in its immediate aftermath (according to Mcloughlin v O’Brien this appears to be within a two-hour time limit) (Identifying dead bodies 8-9 hours after failed as were not part of aftermath)
3. Must be witnesses by own unaided senses (Watching on TV has failed before)

Question 6

How does the eggshell rule apply to victims of Psychiatric harm?

Answer 6

1. Primary Victims - Rule applies
2. Secondary Victims - Must be reasonably foreseeable for a person of reasonable fortitude.

Question 7

Can rescues claim for Psychiatric Harm?

Answer 7

Rescuers can only claim for Psychiatric harm if they place themselves in physical danger during the accident or immediate aftermath.

A rescuer who did not place themselves at risk of danger may be able to claim as a secondary victim, however, they will have to prove basic negligence and pass the Alcock tests.

Question 8

Can property owners claim psychiatric harm if they suffer harm after seeing damage to the property?

Answer 8

Yes, as long as:

1. They suffered a recognized psychiatric harm
2. Causation is proved
3. Reasonably Foreseeable

Question 9

Does having anxiety in fear of future diseases constitute psychiatric harm?

Answer 9

No, anxiety about developing future diseases does not constitute psychiatric harm.

Question 10

Can employees claim pyschiatric harm duing work?

Answer 10

Yes, if the injury is reasonably foreseeable