5. Pure Psychiatric Harm Flashcards
What is the definition of pure psychiatric harm?
psychiatric harm suffered without physical impact.
What are the rules for the type of pure psychiatric harm that will give rise to a duty of care?
Injury must be:
* caused by a sudden shock; and either
* a medically recognised psychiatric illness; or
* a shock-induced physical condition (miscarriage, heart attack)
What does the ‘sudden shock’ requirement mean for pure psychiatric harm?
No duty of care in relation to harm caused by a gradual build-up of events.
What does the ‘medically recognised psychiatric illness’ requirement mean for pure psychiatric harm?
No duty of care in relation to effects which do not amount to a defined and diagnosed illness
Who is a primary victim of pure psychiatric harm?
Someone who is involved so:
* was in the actual area of danger; or
* reasonably believed that he was in danger.
What are the requirements for a duty of care to be owed to a primary victim in relation to their pure psychiatric harm?
- risk of physical injury is foreseeable
- not necessary for the risk of psychiatric harm to be foreseeable.
Who is a secondary victim of pure psychiatric harm?
Not involved in the incident, so;
* witnesses injury to someone else; or
* fears for the safety of another person.
What duty of care does a defendant owe a primary victim of pure psychiatric harm?
Duty not to cause pure psychiatric harm, provided that the risk of physical injury was foreseeable (although it did not actually occur).
What are the four requirements that must be satisfied for the court to determine whether a duty of care is owed for pure psychiatric harm suffered by a secondary victim?
- Foreseeability of psychiatric harm
- Proximity of relationship
- Proximity in time and space
- Proximity of perception
AKA Alcock control mechanishms
What is the key factor in determining ‘foreseeability of psychiatric harm’ ?
pure psychiatric harm suffered by a secondary victim
must be reasonably foreseeable that a person of normal fortitude in the claimant’s position
would suffer a psychiatric illness.
What is the key factor in determining ‘proximity of relationship’ ?
pure psychiatric harm suffered by a secondary victim
The claimant must have a close relationship of love and affection with the person who is
endangered by the defendant’s negligence.
What is the key factor in determining ‘proximity in time and space’ ?
pure psychiatric harm suffered by a secondary victim
The claimant must be present at the accident or its immediate aftermath.
What is the key factor in determining ‘proximity of perception’ ?
pure psychiatric harm suffered by a secondary victim
The claimant must see or hear the accident, or its immediate aftermath, with their own senses.
How does the court view rescuers for the purposes of pure psychiatric harm?
Treated in the same way as any other victim who suffers only pure psychiatric harm, which includes professional rescuers.
When will rescuers be considered a primary victim?
Pure Psychiatric Harm
If they have been in the actual area of danger
