Psychiatric harm Flashcards
1
Q
What is meant by a primary and seconday victim?
A
Primary - directly involved
Secondary - not directly involved
2
Q
What does primary victims include?
A
- C who suffered PI/property damage
- Near-missers (almost physically harmed in the incident)
- Rescuers (if placed in physical danger)
3
Q
case for primary victims
A
- Chadwick v British rail
- C was a primary victim
- Aid was a foreseeable consequence of the incident
- C was placed in physical danger
4
Q
What is the secondary victims test?
A
- must have close ties of love and affection with a primary victim
- witnessed the event with their own unaided senses
- be proximate to the event itself or it’s immediate aftermath
- receive psychiatric inheritance as the result of a shocking event
5
Q
Foreseeability
A
Psychatric harm was foreseeable from the D’s actions - page v smith
6
Q
What is required for proximity?
A
- Alcock v CC South Yorkshire
- Close ties of love and affection between C and V
- C suffered injuries at the scene or the immidate aftermath
- C suffered shock through their own unaided senses
