Negligence: pure psychiatric harm

Question 1

What is the general rule for a duty of care regarding pure psychiatric harm?

Answer 1

A defendant does not owe any duty of care to a claimant not to cause pure psychiatric harm.

Question 2

When does a defendant owe a claimant a duty of care in pure psychiatric harm?

Answer 2

If the claimant is classed as a primary victim due to physical injury being foreseeable

Question 3

When is someone a secondary victim?

Answer 3

When they are not in the actual area of danger

Question 4

Can a claimant claim PPH when they have also suffered physical injury?

Answer 4

No, any psychiatric harm suffered along with physical harm will be consequential psychiatric harm and will be covered by the duty of care for physical harm.

Question 5

Is a claimant a primary victim if they are a rescuer?

Answer 5

General rule is a rescuer is not owed a duty of care. But if the rescuer is in a position where physical injury is foreseeable then they are a primary victim.