Psychiatric Damage Flashcards
What must a secondary victim prove to establish a duty of care was owed to him?
A secondary victim suffers psych damage as a result of harm which has been done or appears to be done to another person. Alcock v chief constable of South Yorkshire police 1991 sets the requirements a secondary victim must meet to establish a duty. D may owe a duty to safeguard against any foreseeable PD. Damage is foreseeable if there’s a sufficiently close relationship of love and affection. Must be close proximity to the event in terms of space and time and also proximity in the means which C receives the info. General rule C must suffer the impact through his own unaided senses and not through a third part.
What is meant by the phrase nervous shock and psychiatric damage?
Nervous shock used for many years before psychiatric damaged became more popular. Word shock reminds us of the requirement for a sudden impact on C which leads to lasting effects on his health and wellbeing. Alcock: the sudden appreciation by sight or sound of a horrifying event which violently aggravates the mind. Advantage of PD is it indicates the need for evidence of a recognised medical condition. Tort of neg won’t compensate temporary and merely emotional responses to accidents and injury such as distress or horror
