Psychiatric Harm Flashcards
What does the Case Mcloughin v O’Brian say about psychiatric Harm?
“positive psychiatric illness”
What is two type of Victim?
Primary Victims
Secondary Victim
What is a primary victim?
Those who are in the “Zone of Danger” as a result of physical injuries or been put in danger of physical injury
What case for primary victim?
Simmons v British steel
McFarlane v Wilkinson-CA rejected the claim because his fear for his safety were unreasonable he was not in fact in any real danger
What is Secondary Victim?
A person who has suffered psychiatric harm, after witnessing the incident or it’s immediate aftermath
What case for secondary victim?
McLoughin v O’Brian-courts established that the psychiatric injury must be reasonably foreseeable this is stricter than primary victims
What are the three test developed from Alcock for (Secondary victim)?
1)Sudden shock and horrifying event
2)Close tie of love and affection
3)Proximity
What is a sudden shock and horrifying?
injury must not only be recognised psychiatric injury but it must result from a sudden shock cause by ‘horrifying event’
What case for Sudden shock and horrifying event?
Hampstead Health Authority
What is Close tie of love and affection?
He must now establish that he belonged to a recognised class that are relative and rescuers
What case for Close tie of love and affection?
Chadwick v BRB-successfully claimed for the trauma
What is Proximity?
He or she saw or hear the accident or it’s aftermath.If claimant suffered the shock through watching television etc would not satisfied criteria
-Claimant must have been physically present at scene and to have witnessed it with his own sense
What case for Proximity?
McLoughin-HL allowed a claim where the victim was not present at the horrifying event itself but did not witness its ‘immediate aftermath’
