Psychiatric injury

Question 1

Define Psychiatric injury ?

Answer 1

Someone involved in an accident (primary victim) may suffer physical and mental injuries

Question 2

What are the four requirements for a secondary victim to claim ?

Answer 2

There was an accident or sudden event where the defendant was negligent and caused injury

Some form of mental injury

The claimant asses the Alcock criteria to claim

A person of reasonable fortitude would have suffered the same injury in the same circumstances

Question 3

What must be establised for negligence causing injury ?

Answer 3

Duty of care
Breach of duty
Mental injury caused

Question 4

What else must be established for the mental injury section ?

Answer 4

The injury must be more than Mere shock or grief, sufficiently serious that the claimant is badly affected by it

Question 5

What happened in Alcock v chief constable of South Yorkshire ?

Answer 5

Police had been responsible for crowd control at a football match and had been negligent in directing them to the exits, a large number of spectators were at the edge of the stadium, causing it to collapse causing death and injury

Question 6

Who else could be involved in an incident and affected psychologically ?

Answer 6

rescuers
bystanders
property owners
near misses
Those suffering gradual shock

Question 7

What is the Alcock criteria ?

Answer 7

The claimant must have close ties of love and affection with the victim

C suffered mental injury’s at the scene of the incident or the immediate aftermath

C suffered shock through their unaided senses