Flash Card Tort Law Psych Harm
Page v Smith (1996) - Principle
Claims for psychiatric harm can be made where the defendant’s actions cause foreseeable harm to the claimant’s mental health.
Page v Smith (1996) - Summary
Plaintiff suffered psychiatric harm after being involved in a car accident.
Page v Smith (1996) - Outcome
The court held that psychiatric injury was compensable if it was a foreseeable result of the defendant’s negligence.
McLoughlin v O’Brian (1983) - Principle
Claimants may recover for psychiatric harm if they are close to the accident in both time and space.
McLoughlin v O’Brian (1983) - Summary
Plaintiff suffered psychiatric harm after witnessing a traumatic car accident involving her family.
McLoughlin v O’Brian (1983) - Outcome
The court allowed recovery for psychiatric harm as the plaintiff was a close relative and witnessed the aftermath.
Alcock v Chief Constable of South Yorkshire Police (1992) - Principle
Secondary victims can claim for psychiatric harm if they are closely related to the primary victim and witness the event.
Alcock v Chief Constable of South Yorkshire Police (1992) - Summary
Relatives of those involved in the Hillsborough disaster suffered psychiatric harm.
Alcock v Chief Constable of South Yorkshire Police (1992) - Outcome
The court held that the claim for psychiatric harm failed as the claimants did not meet the required proximity criteria.
Sion v Hampstead Health Authority (1994) - Principle
Claims for psychiatric harm must be based on a sudden shock and not gradual trauma.
Sion v Hampstead Health Authority (1994) - Summary
A father suffered psychiatric harm after witnessing his son’s prolonged suffering.
Sion v Hampstead Health Authority (1994) - Outcome
The claim failed as the psychiatric harm was not caused by sudden shock.
Vernon v Bosley (1997) - Principle
Psychiatric injury can be foreseeable if it results from a traumatic event.
Vernon v Bosley (1997) - Summary
The plaintiff suffered psychiatric harm after being told her son had been killed in a car accident.
Vernon v Bosley (1997) - Outcome
The court ruled that psychiatric harm was foreseeable, and the defendant was liable.
Page v Smith (1996) - Psychiatric Harm (Primary and Secondary Victims) Principle
A claimant can claim for psychiatric injury if the defendant’s actions foreseeably caused physical injury, even if psychiatric harm was the primary injury.
Page v Smith (1996) - Psychiatric Harm (Primary and Secondary Victims) Summary
A car accident caused the claimant to suffer psychiatric harm, though there was no physical injury.
Page v Smith (1996) - Psychiatric Harm (Primary and Secondary Victims) Outcome
The court held that the claimant was entitled to claim damages for psychiatric injury.
Walters v North Glamorgan NHS Trust (2002) - Principle
Secondary victims can claim for psychiatric harm if they were present at the scene or its immediate aftermath and had a close relationship with the primary victim.
Walters v North Glamorgan NHS Trust (2002) - Summary
A mother suffered psychiatric harm after witnessing the death of her son at the hospital.
Walters v North Glamorgan NHS Trust (2002) - Outcome
The court held that the mother could claim for psychiatric harm because she witnessed the aftermath of her son’s death.
Sutherland v Hatton (2002) - Principle
Employers may be liable for psychiatric harm if they fail to prevent stress in the workplace that is foreseeable.
Sutherland v Hatton (2002) - Summary
A worker suffered psychiatric harm after being overworked and stressed by his employer.
Sutherland v Hatton (2002) - Outcome
The court ruled that the employer could be liable for the psychiatric harm if the stress was foreseeable.
W v Essex County Council (2000) - Principle
An individual may be liable for psychiatric harm if their failure to act foreseeably causes another person’s psychiatric injury.
W v Essex County Council (2000) - Summary
A couple fostered a child who was later found to have been sexually abused by another child in the same family, and they suffered psychiatric harm.
W v Essex County Council (2000) - Outcome
The court found that the local authority was liable for the psychiatric harm due to its failure to screen the foster child.
Case: McLoughlin v O’Brian (1983)
Topic: Psychiatric Harm (Secondary Victims)
Principle: A secondary victim can claim for psychiatric harm if they have a close relationship to the primary victim and are present at the scene of the accident or its aftermath.
Summary: A woman suffered psychiatric harm after witnessing the aftermath of an accident involving her family.
Outcome: The court held that the claimant could recover damages as the psychiatric injury was caused by shock from witnessing the scene.
Case: W v Essex County Council (2000)
Topic: Psychiatric Harm (Duty of Care)
Principle: An individual may be liable for psychiatric harm if their failure to act foreseeably causes another person’s psychiatric injury.
Summary: A couple fostered a child who was later found to have been sexually abused by another child in the same family, and they suffered psychiatric harm.
Outcome: The court found that the local authority was liable for the psychiatric harm due to its failure to screen the foster child.
