Psychiatric Injury Flashcards
What must be established for psychiatric injury?
Two things:
* Was C suffering from a recognised psychiatric injury?
* Was C a primary or a secondary victim?
C must be suffering from a recognised psychiatric injury capable of resulting from the shock of the incident and recognised as having long-term effects.
What does C need to prove regarding the psychiatric injury?
C must prove that the injury was caused by D’s negligence
Causation applies in establishing the injury.
Who qualifies as a primary victim?
A primary victim is someone who is directly involved in the incident or in the ‘danger zone’
Primary victims can always claim for psychiatric injury.
Do primary victims need to prove foreseeability of psychiatric injury?
No, C does not need to prove foreseeability
D must take V as he finds them (PAGE V SMITH).
Can rescuers be considered primary victims?
Yes, if they put themselves in danger while trying to rescue
This is established in the case of CHADWICK.
Who qualifies as a secondary victim?
Secondary victims are those who suffer psychiatric injury without being in the danger zone
They must meet the Alcock criteria to claim.
What is the first criterion a secondary victim must meet?
They must have close ties of love and affection with the primary victim
Spouses and child/parent relationships are automatic; other relationships must be proven.
What is the second criterion a secondary victim must meet?
They must have suffered mental injuries at the scene or its immediate aftermath
This is established in MCLOUGHLIN V O’BRIAN.
What is the third criterion for a secondary victim?
They must have witnessed the incident with their own unaided senses
They cannot learn about it through a third party.
What must be established regarding a person of ordinary fortitude?
It must be established that they would foreseeably have suffered some psychiatric injury
This relates to the concept of ‘customary phlegm’.
What is the definition of psychiatric injury induced by shock?
Defined as ‘a sudden assault on the nervous system’
This definition comes from the case of ALCOCK.
Can a single horrifying event cause prolonged psychiatric injury?
Yes, it can last over a period of time
Nervous shock can be suffered as a result of the appreciation of the event (WALTERS).
What did Paul, Polmear, and Purchase establish regarding criteria for secondary victims?
They made it so points d and e are not needed
This simplifies the criteria for secondary victims.
