psychiatric injury

Question 1

what is psychiatric injury?

Answer 1

also know as nervous shock, its a severe long term mental injury which is more than shock or grief

Question 2

what is the first thing to be established?

Answer 2

negligence by D, duty of care breach of duty and damage (mental injury)

Question 3

mental injury?

Answer 3

must be long term that affects C (can’t go to work)
must come from a sudden event, sufficiently dangerous that C is affected by it
medical evidence
c to show past and future loss of earnings

Question 4

case that made distinction between primary and secondary V’s

Answer 4

page v smith

Question 5

what is a primary v

Answer 5

involved in accident and suffered physical/mental/both harm

they have to prove negligence

Question 6

what is a secondary v

Answer 6

not involved in accident but suffered mental injury as result of what they saw, heard at scene or aftermath
need to prove negligence, alcock criteria and threshold test

Question 7

what is the alcock criteria

Answer 7

Alcock v chief constable of west yorkshire

1) C had to have close ties of love and affection with v so their relationship was a) close type of relationship (by blood) and b) relationship close in fact. mcloughlin v O’brien
2) c suffered mental injuries at scene of accident or in immediate aftermath, not defined but in 2 hr period mcloughlin v o’brien
3) c suffered through their unaided senses so they saw, heard scene or aftermath, shock through tv or phone not sufficient

Question 8

threshold test?

Answer 8

person of reasonable fortitude would have suffered same reaction and injury as c

Question 9

who are rescuers

Answer 9

those actively involved in helping vs of accident

Question 10

will rescuers have a claim?

Answer 10

likely they will chadwich v british rail, they are primary vs, courts don’t want to discourage recuing

Question 11

hale v london underground

Answer 11

proffessional rescuers who put themselves at risk will be able to claim, primary vs

Question 12

rescuers and secondary vs

Answer 12

if rescuer does not put themselves in risk of harm, they are secondary and will have to satisfy alcock
white v chief constable of south yorkshire

Question 13

who are bystanders

Answer 13

witnesses to an accident, aftermath who do not help
not able to claim unless satisfy alcock
mcfarlane v ee caledonia
trivial assistance will not make them rescuer

Question 14

property owners

Answer 14

attia v british gas
shock of witnessing house burn down allowed
ds at fault, morally right they compensate

Question 15

near missers

Answer 15

people who are close to scene of accident and suffered mental, physical injuries
regarded as primary, must prove d negligent

Question 16

gradual shock

Answer 16

claim to those who suffer mental injury through gradual appreciation of events rather than sudden shock
sion v hampstead (not allowed, gradual decline in sons condition)
north glamorgan nhs v walters (shorter period of decline so claim allowed)