Psychiatric injury Flashcards
What is meant by ‘psychiatric injury/harm’?
A form of personal injury
Attia v British Gas Plc [1987] CA indicated the phrase ‘psychiatric damage’ is preferable. previously referred to as ‘nervous shock’
What is meant by recognised psychiatric injury
“not merely grief, distress or any other normal emotion” Lord Bridge in Mcoughlin v O’Brien [1983]
What are the requirements for a claim
i) Proof of a recognised ‘Psychiatric Injury’
ii) The type of claimant must be identified whether C is a Primary or Secondary victim.
What are the requirement to be a primary victim?
physically endangerment. ‘Cases in which the injured plaintiff was involved, either mediately or immediately, as a participant’ - Lord Oliver in Alcock
What happened in Paige v Smith 1996 1 AC 155 (HL)
D’s negligence caused minor road accident where neither party seemed physically hurt at the time. C sought damages for worsening health condition(ME) became chronic and permanent.
What is the claim for a primary victim
a primary victim need only demonstrate that physical harm was reasonably foreseeable. where C is in the range of reasonable foreseeable physical injury = zone of danger.
Eggshell/thin skull rule?
The ‘egg-shell skull’ principle applies to psychiatric harm – ‘Take your victim as you find them.’
What must a secondary victim demonstrate?
- close relationship of love and affection between the C and the primary victim,
- proximity to the accident (or its immediate aftermath) in time/space.
- Psychiatric harm suffered by the claimant as a result of seeing or hearing about the incident, or its immediate aftermath.
requirements for a claim for a secondary victim
Psychiatric harm must be foreseeable in a person of ordinary fortitude in the same circumstances as the Claimant (Bourhill v Young).
Why must a secondary victim demonstrate those 3 qualities
they are control mechanisms to restrict liability of a defendant to a secondary victim. helps with floodgates issue.
