Psychiatric injury

Question 1

Why was psychiatric injury historically considered less serious than physical harm? 3

Answer 1

Because of the fear of:
Opening the flood gates
Fraudulent claims
Problems with proof and diagnosis, and cost of expert

Question 2

Alcock Test for secondary victims…

Alcock v chief constable of south yorkshire

Answer 2

Secondary victims must meet criteria:

1: close tie of love and affection to primary victim
2: Witness the event
3: Proximity to event or aftermath
4: Psychiatric injury cause by event

Question 3

Mcloughlin v o’brian

Answer 3

Criteria from Alcock extended to the aftermath of an event

Question 4

What doesn’t amount to psychiatric injury?

Answer 4

Grief, sorrow, fear, panic and terror. Hinz v Berry

Question 5

What is a primary victim

Answer 5

Someone in the zone of physical danger

Question 6

What is a secondary victim

Answer 6

Someone not within the physical zone of danger but a witness.

Question 7

What must the claimant establish?

Answer 7

That physical harm was foreseeable, no requirement for psychiatric injury to be foreseeable as long as physical harm was. Page v Smith

Question 8

Can rescuers claim?

Answer 8

No, neither primary nor secondary.

Question 9

Hinz v Berry

Answer 9

Suffered depression after horrifying accident.

Damages recoverable for any recognisable psychiatric illness caused by defendants breach

Question 10

Page v Smith

Answer 10

Car accident triggered ME, unable to work.

Provided personal injury was foreseeable, it did not matter whether injury was physical or psychiatric.