Psychiatric Injury Flashcards
4 things psychiatric injury must be
Long term
Diagnosed
Greater than shock or grief
Grief, sorrow, fear, panic and terror do not amount to psychiatric injury
What is a rescuer
Those who come to the aid of primary victims but are themselves neither primary nor secondary
They are not exceptions to the Alcock test so can’t claim - White v Chief Constable of South Yorkshire
What is a Primary victim
Someone in the zone of physical danger
What is the objective test to determine type of victim
Claimant only needs to show that physical harm was foreseeable. There is no requirement that psychiatric injury was foreseeable, provided that personal injury was
What is a secondary victim
Someone not in the physical zone of danger but a witness of a horrific event
Explain the first 2 stages of the 4 stage Alcock test for secondary victims
Close tie of love and affection to primary victim - assumed between parent + child and spouse and must be proved in other relationships
Witness the event with own unaided senses - no TV/radio
Explain the second 2 stages of the 4 stage Alcock test for secondary victims
Proximate to the event or immediate aftermath - Lord Wilberforce in Mcloughlin v O’Brian ‘ sight or hearing of the event or its immediate aftermath.
Receive the psychiatric injury as a result of a shocking event
What test established the Alcock test
Alcock v Chief constable of south Yorkshire - established 4 part test
Behrens v Bertram Mills Circus Ltd
Claimants can recover for psychiatric injury if it is foreseeable and caused by the defendant’s negligence
Hinz v Berry
Damages for psychiatric injury can be awarded if it results from a sudden and shocking event.
Page v Smith
Psychiatric injury can be recoverable under the same test as physical injury if it is foreseeable.
White v Chief Constable of South Yorkshire
No duty of care was owed to rescuers who did not suffer physical injury.
McFarlane v EE Caledonia Ltd
Claimant must show a recognized psychiatric injury resulting from a sudden shock.
