Liability for Psychiatric Injury Flashcards
what is psychiatric injury?
severe, long term mental injury
what is the first step of liability for psychiatric injury?
d was negligent and caused the injury
what is the second step of liability for psychiatric injury?
C has suffered a recognised psychiatric illness
-Must be a recognised psychiatric illness, supported by medical evidence
-More than mere shock or grief
must be long-term
-May affect C’s ability to work –might include loss of earnings (past and future)
what is the third step of liability for psychiatric injury?
Psychiatric Injury is Caused by a Sudden Event
- (Sion v Hampstead Health Authority)-Must be a sudden horrifying event
- (North Glamorgan NHS Trust v Walters)
what is the fourth step of liability for psychiatric injury?
Is C a Primary or Secondary Victims
- (Page v Smith)
- primary victim-fears for own safety
- secondary victim-not directly involved and not in danger of physical harm themselves
what is the fifth step of liability for psychiatric injury?
If C is a Secondary Victim – Must Pass the Alcock criteria for Proximity
-(Alcock v Chief Constable of South Yorkshire)-Hillsborough
- Proximity of relationships-close ties of love and affection
- close type of relationship
- close in fact - Proximity in time
- at scene or immediate aftermath - Proximity in space-suffered shock through own unaided senses
what is the sixth step of liability for psychiatric injury?
Reasonably Foreseeable that A person of Reasonable Fortitude would have Suffered the Same Injury in the Circumstances
-threshold test
what are the other categories of claimants?
- rescuers
- (Chadwick v British Rail)-primary
- (White v Chief Constable of South Yorkshire)-secondary if don’t physically put themselves at risk
- bystanders
- (McFarlane v E E Caledonia)-secondary
- property owners-(Attia v British Gas)-primary
- near missers-primary
