5. Pure Psychiatric Harm

Question 1

General Rule: PPH

Answer 1

There is no duty of care owed for Pure Psychiatric Harm

Question 2

What is PPH?

Answer 2

Psychiatric harm WITHOUT physical impact

Question 3

When might a defendant owe a claimant a duty of care for Pure psychiatric harm?

Answer 3

If C suffers a medically recognised psychiatric harm (or shock induced physical condition) AND
- C satisfies primary or secondary victim test

Question 4

Primary Victim Test: when will a duty of care be owed?

Answer 4

1. Individual was in the ‘danger zone’
2. Risk of physical injury was reasonably foreseeable

Question 5

Secondary Victims

Answer 5

1. C witnesses others involved in the incident / witnesses a sudden shocking event, or violent assault on senses which is sufficiently horrifying
2. A duty of care may be owed IF
   i. Psychiatric injury is reasonably foreseeable
   ii. Sufficient Proximity of relationship between V and C
   iii. Proximity in time and space
   iv. Proximity of perception

Question 6

Psychiatric injury is reasonably foreseeable: Metric

Answer 6

• Comparing person with normal fortitude, would event have caused this in someone else?

Question 7

Proximity of Relationship

Answer 7

There must be a relationship of close ties of affection
- certain presumptions: parent child, husband wife, fiancees
- otherwise, claimant must prove their close tie of love and affection with the person they witnessed in the situation

Question 8

Proximity in Time and Space

Answer 8

• at the scene of the incident when it happens
• immediately there in the aftermath

Question 9

Proximity of Perception

Answer 9

C must witness with their own senses
- cannot just be told about it by another party
- cannot see it on TV

Question 10

General Rule: PPH for rescuers

Answer 10

Rescuers have no special duty of care owed to them
- to have a duty of care towards them, must satisfy all parts of the tests

Question 11

If a client suffers psychiatric harm ALONGSIDE physical harm, how do the courts determine whether the client is owed a duty of care?

Answer 11

• Normal test (established + novel duty situations)
• No need to employ primary / secondary victim test as this is not PURE psychiatric harm