Psychiatric Injury Flashcards
What is a psychiatric injury
Severe, long-term mental injury which is more than shock or grief
What do primary victims and secondary victims have to prove
Primary - negligence on the part of D
Secondary - there was an accident / event caused by negligence
Which caused mental injury
Claimant passes Alcock criteria
A person of reasonable fortitude also would have suffered the same injury
Mental injury info
Long term
More than mere shock or grief - could prevent D from working
Must be sudden
Alcock criteria
- C had close ties of love and affection to victim (Bourhill v Young vs McLoughlin v O’Brien)
- close type of relationship (Hambrook v Stokes - family member)
- close in fact - Claimant suffered mental injured at the scene of the accident or immediate aftermath. 8 hours was too long in Alcock, but 2 hours was acceptable in Mcloughlin
- Shock suffered through unaided senses - not tv or radio
Primary vs secondary victims
Primary victims were involved in accident and suffered either physical / mental injuries or both
Secondary victims were not involved but suffered mental injury due to what they saw at the scene of the accident
Page v Smith
Rescuers
Chadwick v British Rail - members of the public rescuing can claim as primary victims
Hale v London Underground - professional rescuers who put themselves at risk are more likely to succeed as primary victims
White v CCSY - professionals who don’t put themselves at risk are unlikely to succeed
Bystanders
McFarlane v E E Caledonia - unable to claim unless they satisfy Alcock criteria
Property owners
Attia v British Gas - claimed nervous shock after seeing her house negligently burned down
Near missers
Regarded as primary victims, can claim for mental or physical injury if they can prove negligence
Gradual shock
Sion v Hampstead Health Authority - watching sons health decline for 14 days was not a sudden horrifying event
North Glamorgan NHS Trust v Walters - uninterrupted series of events over 36 hours
