Psychiatric Injury

Question 1

Psychiatric injury-

Answer 1

C suffers from a psychiatric injury rather than a physical or property damages caused by D

Question 2

Stage 1

Answer 2

C must suffer from a recognised psychiatric injury not ordinary human emotions (Reilly v Merseyside)
C must show illness was caused by traumatic event or “assault on the senses” (Sion v Hampstead)

Question 3

Stage 2

Answer 3

Was C a primary or secondary victim ?

Question 4

Primary victim

Answer 4

A primary victim is a person who reasonably fears for their own physical safety or is within the danger zone

Question 5

Primary victim 2 stage test-

Answer 5

Page v smith -
1) do not have to show that injury was foreseeable
2) does not have to be a person of normal fortitude

Question 6

Secondary victim

Answer 6

Unwilling witnesses to the accident or its immediate aftermath but not personally in danger

Question 7

Control mechanisms that need to be established for secondary victims?

Answer 7

Allock-
1)Love- close ties of love and affection to the C
2)Witness- must witness accident or immediate aftermath with your own unaided senses
McLoughlin V O’Brien- “immediate aftermath requires victim to be in their immediate post accident state not cleaned up”
3) must have directly perceived immediate aftermath or accident
4) sufficient for the C who was present at the scene of an accident or immediate aftermath