Negligence and Psychiatric injury Flashcards
What is psychiatric harm?
Psychiatric harm refers to mental injury caused by a traumatic event due to someone else’s negligence.
Who qualifies as a primary victim?
A primary victim is someone who is directly involved in the incident or is the zone of physical danger.
What test must a primary victim pass to claim for psychiatric harm?
The primary victim must show direct involvement in the incident or immediate physical danger; foreseeability of psychiatric harm is not required.
Who qualifies as a secondary victim?
A secondary victim is someone who suffers psychiatric harm as a result of witnessing or being informed about the harm to others, rather than being directly involved.
What are the key tests for a secondary victim to succeed in a claim?
The claimant must prove a close tie of love and affection with the primary victim, proximity to the event or its immediate aftermath, and that the psychiatric harm is a recongised inury.
Which case established that primary victims do not need to foresee psyhiatrc harm?
Page V Smith.
Which case set out the criteria for proximity in secondary victim claims?
Alcock v Chief Constable of South Yorkshire Police
What types of psychiatric conditions can be claimed as psychiatric harm?
Recongised psychitric conditions such as PTSD, not mere grief or distress.
