Negligence- Psychiatric Damage

Question 1

To prove psychiatric damage what must the D be suffering from

Answer 1

A recognised psychiatric condition e.g. PTSD, clinical depression

Question 2

What are the key 2 types of victims when classifying a victim

Answer 2

Primary victim
Secondary victim

Question 3

What is a primary victim

Answer 3

A person directly affected by the negligent incident, who reasoably fears their own safety, suffered personal injury or property damage

Question 4

What is a secondary victim

Answer 4

Person not directly affected by the incident, who doesn’t reasonably fear their own safety (additional criteria- limit claims)

Question 5

What is a near misser and what type of v would they be regarded as

Answer 5

They are Close to the incident and are almost injured- would be primary victim

Question 6

What type of v would a rescuer be regarded as

Answer 6

Can be either depending on if they are placed in physical danger when conducting rescue efforts

Question 7

When will a rescuer be regarded as the primary v

Answer 7

If they are in danger or reasoably fear their safety

Question 8

When will a rescuer be regarded as the secondary v

Answer 8

When the C takes a minor role, away from danger or if the safety of the scene is secured by the C

Question 9

What case is used for rescuers

Answer 9

Chadwick v British rail

Question 10

What type of v will a bystander/witness be regarded as and what case is used

Answer 10

A secondary v (Mcfarlane v Caledonia)

Question 11

What are the 4 areas of alternative duty tests for secondary victims

Answer 11

Alcock v chief Constable
North Glamorgan v Walter’s
Threshold test

Question 12

What does the case of Alcock v chief constable say for psychiatric injury claim from the secondary v

Answer 12

1. C must have close ties of love and affection with the V (blood/relation/close friends- must be evidence of closeness)
2. The shock must be suffered at the scene or in the immediate aftermath
3. The c must have suffered shock through their own unaided senses (not through TV updates/hearing news own the phone)

Question 13

What’s does the case of north Glamorgan say about claims for secondary victims

Answer 13

There is usually no claim for person who develops psychiatric condition over a number of moths, however the courts are sometimes lenient (as seen in this case)

Question 14

Explain the threshold test

Answer 14

An ordinary person of reasonable fortitude would also have suffered psychiatric harm in the circumstances (based on foreseeability)