Liability For Psychiatric Injury

Question 1

Has to be:

Answer 1

Long term
Diagnosed mental injury - behren and it’s v Bertram mills circus 1957
Which is greater than shock or fear - hinz v berry

Question 2

Duty of care
Primary victims

Answer 2

Owed to them
Someone who was in the zone of physical danger
Objective test - easy to prove
Was the physical harm foreseeable
Page v smith

Question 3

Duty of care
Secondary victims

Answer 3

More difficult to prove
Alcock test - the victim must:
Have close tied love and affection with primary victim
Witness event with their own unaided senses
Be proximate to the event itself or its immediate aftermath
Receive the psychicatric injury as a result of a shock event

Question 4

Duty of care
Rescuers

Answer 4

Can’t claim
White v chief Constable West Yorkshire