PSYCHIATRIC INJURY

Question 1

what is the definition?

Answer 1

This is when the C suffers a psychiatric injury rather than physical or property damage, caused by the D.
There are 2 stages to prove.

Question 2

what is stage 1?

Answer 2

1) The C must be suffering from a recognised psychiatric injury, not ordinary human emotions such as fear and distress - REILLY v MERSEYSIDE HEALTH AUTHORITY.
• The claimant must show that the illness was caused by a traumatic event or an “assault on the senses” - SION v HAMPSTEAD HEALTH AUTHORITY.

Question 3

what is stage 2?

Answer 3

2) Was the C a primary or secondary victim?

Question 4

explain law on primary victims:

Answer 4

Primary victims : A person who reasonably fears for their own physical safety or is within the zone of danger. They have been directly affected by the negligent act.

Question 5

outline the 2 stage test that was established for primary victims…

Answer 5

PAGE v SMITH
1. Primary victims don’t have to show that the psychiatric injury was foreseeable, merely that some kind of physical injury was foreseeable.
2. Secondly, the primary victim doesn’t have to be a person of normal fortitude (normal courage).

Question 6

explain the law on secondary victims:

Answer 6

Secondary victim : An unwilling witness to the traumatic incident in question but is not personally in danger of physical harm.

Question 7

what must be established before a claim for psychiatric injury is allowed? (secondary victims)

Answer 7

ALCOCK - Control mechanisms
as updated by PAUL, POLMEAR, and PURCHASE.

Question 8

name the 4 control mechanisms:

Answer 8

1) Love : You must have close ties of affection with the primary victim.
2) Witness : You must witness the accident or its immediate aftermath with your own unaided senses. In MCLOUGHLIN v O’BRIAN it was held that the “immediate aftermath” of an accident requires the primary victims to be in their immediate post-accident state, and not “cleaned up”.
3) D must have directly perceived the accident or its immediate aftermath, involving a close family member (you saw for yourself rather than heard on the phone through someone else).
4) It is sufficient for the C who was present at the scene of an accident or its immediate aftermath to show a psychiatric injury.

Question 9

what are the side rules?

Answer 9

Rescuers (people who actually help) : If the rescuer is a primary V (they put themselves in danger), they can claim. If the rescuer is a secondary V (don’t put themselves in danger), they must satisfy the ALCOCK control mechanisms - CHADWICK v BRITISH TRANSPORT.
Bystanders: Can’t claim unless they satisfy the ALCOCK control mechanisms - MCFARLANE.