Psychiatric Injury

Question 1

What counts as PS

Answer 1

Must have a severe effect on the claimant ,must be more than mere grief or shock

Question 2

Bar worker and crash

Dulieu v White

Answer 2

Horse and carriage crashed into a bar and she feared for her life, claim allowed as someone in her position would reasonably forsee serious injury

Question 3

Car accident and lorry driver negligence case

McLoughlin v O’Brien

Answer 3

Mrs Mcloughlins husband and children were involved in an accident and when she heard of the death of her child she suffred severe shock, Held

1) A claim could be made if C had close ties of love and affection
2) The shock could be suffered either at the scene of the accident or within its immediate aftermath. She arrived in 2 hours but no official time set.

Question 4

Primary vs Secondary Victims

Answer 4

Primary - involved in the accident themselves

Secondary - not involved in the accident but suffered as a result of it. They have to pass the Alcock criteria - objective test.

Alcock criteria

Question 5

Alcock v Chief Constable of South Yorkshire (1992)

Answer 5

Following Hillsborough disaster and the negligence of the police force a test was made for seperating out types of victim

1) C had close ties of love and affection for the victim

2) C suffered mental injuries at the scene of the accident or in its immediate aftermath (2 hours ish) ((MCloughlin v O’Brian))

3) C suffered shock through their own unaided senses.

Question 6

Rescurers

Answer 6

After recent paul case they no longer have their own category and now come under secondary victims