Psychiatric Harm Flashcards
What are the types of psychiatric injury claimants?
1) Primary victim; 2) secondary victim; 3) elevated primary victim; 4) fear-of-the-future victim; 5) stress at work; and 6) guilt-ridden claimants (??).
What is the most recent definition of a primary victim? Which case gives this definition?
‘involvement in an accident’ (Rothwell).
Who cannot be a primary victim? Which case illustrate each?
1) Rescuers (Greatorex v Greatorex); and 2) fear of the future (Pleural Plaques Litigation).
For the purpose of primary victims, how does one establish a duty of care?
Caparo test.
What are the elements of a secondary victim claim?
1) Close tie of love and affection; 2) seen by own unaided senses; 3) proximity to the immediate aftermath; 4) reasonable fortitude; and 5) shock.
Which relationships are presumed to have love and affection for the purposes of secondary victims? Which isn’t?
Parents and couples are presumed siblings are not.
How much time after an incident happens can a secondary victim claim compensation? Which cases illustrate this?
2 hours and 10 minutes is fine (O’Brien), 3 hours is too much (Haviken v Rowen).
Which types of psychiatric injury require no physical damage?
1) elevated primary victim; 2) fear of the future; and 3) stressed at work.
What is an elevated primary victim? Which case illustrates this?
Where there is no immediate victim, C is ‘elevated’ to the state of a primary victim (Farell v Avon HA).
What is stress-at-work? Which case illustrates this?
Where employees are over worked to the point of mental illness a claim is permitted (Walker v Norththumber Land CC).
When does duty arise for stressed-at-work claimants?
1) particular employee was vulnerable to a stress induced illness; and 2) it was objectively foreseeable, to a reasonable employer, that psychiatric injury could result from particular task.
