Psychiatric injury

Question 1

Part 1.1

Answer 1

Recognised psychiatric injuries can be independently verified on the basis of medical evidence. Usually when the V witnesses something outside a normal human experience.

Question 2

Part 1.2

Answer 2

In rilley v merseyside physical symptoms of fear and panic such as sweating and breathing difficulties were not sufficient to psychiatric injury.

Question 3

Part 1.3

Answer 3

In hinz v berry feelings of grief and sorrow do not account for psychiatric injury. In this scneario

Question 4

Part 2.1

Answer 4

In order for the claimant to be successful, they must either be a primary or secondary victim

Question 5

Part 2.2

Answer 5

Primary victims are those who are directly affected by the negligent act or omission and suffer psychiatric injury

Question 6

part 2.3

Answer 6

There are 2 types of primary victims, those who are directly involved and rescuers as in dulieu v white. The claimant was successful as they were in the zone of danger

Question 7

Part 2.4

Answer 7

Rescuers are those who put thesmelves in the zone of danger to aid others as in Halve v london

Question 8

Part 3

Answer 8

secondary victims are those who are able to show close enough ties of love and affection to the primary victim or witness the incident or the immediate aftermath

Question 9

Part 3.1

Answer 9

The criteria of a secondary victim is underlined in Alock

Question 10

Part 3.2

Answer 10

Firstly, the victim must show close ties of love and affection to the primary victim.

Question 11

Part 3.3

Answer 11

It must be reasonably foreseeable that they would suffer psychiatric injury, for example a child and a spouse as in Mcloughlin v obrian

Question 12

Part 3.4

Answer 12

A bystander cannot claim for psychiatric injury as in Bournhill v young. They can only claim if its something unbelievably tragic as in Alock. In this scenario

Question 13

Part 4

Answer 13

Secondly, the secondary victim must have witnessed the event or immideate aftermath as in mcgloughlin v obrian.

Question 14

Part 4.1

Answer 14

It must also be learnt through their own unaided senses meaning they must have heard and seen it. They cannot have witnessed the accident on the TV or through a phone call.