Liability For Psychiatric Injury Flashcards
What is a primary victim?
Someone in event’s zone of physical danger as they are at risk. May suffer injury
What is a secondary victim?
Someone not within the danger zone, not at risk of physical injury but may witness injury to others and suffer psychiatric injury as a result
What must C prove to establish duty of care?
Some physical injury was reasonably foreseeable: PAGE v SMITH
How will D breach their duty? (Primary and secondary V)
By not reaching the standard of care required of the reasonable person in the circumstances: BLYTH v BIRMINGHAM WATERWORKS
What must the breach cause?
Physical and psychiatric injury suffered by C
What doesn’t the psychological injury need to be?
If C is a primary V, doesn’t need to be a recognised psychiatric condition: GREGG v SCOTT
The first point a secondary V must prove to establish a duty of care?
They suffered from a medically recognised recognised long-term and severe condition: WHITE v CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE
The second point a secondary V must prove to establish a duty of care?
It was foreseeable that a reasonable person in C’s position would have suffered psychiatric injury
The third point a secondary V must prove to establish a duty of care?
That the control mechanisms from ALCOCK v CHIEF CONSTABLE OF SOULTH YORKSHIRE POLICE are satisfied.
What are the control mechanisms from ALCOCK v CHEIF CONSTABLE OF SOUTH YORKSHIRE POLICE
- Close tie of love and affection
- Proximity in time and space, C must witness the event herself with unaided senses or witness the immediate aftermath
What must cause the psychiatric injury a secondary V?
The sudden shock of witnessing a horrific event or the immediate aftermath
Who can’t claim for psychiatric injury and why?
C who developed a psychiatric injury over time: SION v HAMPSTEAD HEALTH AUTHORITY
If C is a rescuer in the danger zone who suffers after helping Vs, how can you prove duty of care? + case
C will be treated at a primary V if they’re in the danger zone: CHADWICK v BRITISH RAILWAYS BOARD c was successful as courts don’t want to discourage rescuing
If C is a rescuer not in the danger zone who suffers after helping Vs, how can you prove duty of care? + case
C will be treated as a secondary V. The rescuer must satisfy the control mechanisms from ALCOCK
What does the law state in relation to bystanders? + case
An unrelated bystander won’t be able to claim as it wouldn’t be reasonably foreseeable for that they would suffer psychiatric injury: MCFARLANE v EE CALEDONIA
