psychiatric injury

Question 1

stages of psychiatric harm

Answer 1

must be suffering from phsychiatric harm
must decide what type of victim they are

Question 2

must be suffering psychiatric injury

Answer 2

the harm must be of a medically recognised type
Mcloughlin v obrien

Question 3

distinction between primary and secondary victims

Answer 3

primary are those involved in the accident and are exposed to the risk of physical harm
secondary victims are not involved and not in zone of danger but have coe across the scene

Question 4

primary victims

Answer 4

must be involved in the accident and exposed to a risk of physical danger (even if they did not suffer it)
page v smith

Question 5

secondary victims

Answer 5

3 part test from Alcock v CCOSY:
a close tie of love and affection to the victim
close proximity with the event or its aftermath
witnessed the event with own unaided senses

Question 6

immediate aftermath case

Answer 6

Mcloughlin v o’brien- witnessing victims before treatment amounted to the aftermath

Question 7

rescuers

Answer 7

rescuers may be able to claim as a primary victim if it can be proven that they were in the zone of physical danger
chadwick v british rail