Chapter 5 - Pure Psychiatric Harm Flashcards
What is the general rule for pure psychiatric harm in negligence?
The general rule is that there is no duty of care for pure psychiatric harm, meaning harm without any physical impact.
What is the difference between pure psychiatric harm and consequential psychiatric harm?
Pure psychiatric harm is psychiatric injury without physical harm, while consequential psychiatric harm results from physical harm, like anxiety following a physical injury.
What must the claimant prove for pure psychiatric harm to be compensable?
The claimant must prove that the psychiatric harm is caused by an event (e.g., a car crash) and that the harm is a medically recognized psychiatric condition.
What test must primary victims meet to claim for pure psychiatric harm?
Primary victims must show they were actively involved in the incident, the risk of physical injury was foreseeable, and they suffered a medically recognized psychiatric harm.
Who qualifies as a primary victim?
A primary victim is someone who is directly involved in the incident and suffers psychiatric harm, even if no physical injury occurred.
What must secondary victims prove to claim for pure psychiatric harm?
Secondary victims must show that psychiatric harm was reasonably foreseeable, there is proximity of relationship (close ties), proximity in time and space, and proximity of perception (witnessing the event firsthand).
What types of relationships are presumed to have close ties of love and affection for secondary victims?
Presumed relationships include parent-child, husband-wife, and fiancée-fiancée.
How close in time and space must secondary victims be to the incident?
Secondary victims must be near the scene or in the immediate aftermath, with little change in the scene from the incident itself.
What does proximity of perception mean for secondary victims?
The claimant must have witnessed the event directly using their own senses (e.g., not through third parties or media).
Are rescuers given special status for pure psychiatric harm claims?
No, rescuers, whether amateur or professional, must satisfy the same tests as other claimants for psychiatric harm.
After establishing a duty of care for psychiatric harm, what must the claimant prove?
The claimant must prove breach of duty and causation, just like in other negligence cases.
