Psychiatric Injury

Question 1

What is the theory of psychiatric injury?

Answer 1

• The victim must show that there was negligence, and as a result, they are a primary or secondary victim
• This prevents the floodgates from opening to prevent a higher cost paid from the state (Hillsborough Football Stadium disaster)
• However, it may also lead to a genuine victim not recieving damages

Question 2

What is psychiatric injury

Answer 2

• Psychiatric injury is a severe long term mental injury which is more than shock or grief

Question 3

What are primary victims?

Answer 3

• Someone who is directly injured in the event
• This injury can be physical or mental
• They must prove that the defendant was negligent

Question 4

When can a victim claim?

Answer 4

• If the victim fears for their own safety
• Can claim for fear of a family member if they are injured
• Extended the rules of nervous shock for close ties of love and suffered at the scene

Question 5

What are secondary victims?

Answer 5

• Someone who is harmed after witnessing an event

Question 6

What must secondary victims prove?

Answer 6

• There was an accident or sudden event where the negligence of the defendant caused the injury
• There is some form of mental injury
• They pass the Alcock criteria
• A person of reasonable fortutde would have suffered injury in the same circumstances

Question 7

What is a mental injury? What are key cases of this?

Answer 7

• There must be medical evidence that they are severly affected by the injury
• It must be more than shock or grief
• It must be long-term
• The illness must come from a sudden event
• This can be seen in (Dulieu v White), (Hambrook v Stokes), (Bourhill v Young) and McLoughlin v O’Brien)

Question 8

What is the Alcock criteria?

Answer 8

• Established in (Alcock v Chief Constable of South Yorkshire)
  1. The claimant must have close ties in love and affection to the victim
  2. The claimant suffered mental injuries at the scene of the accident or within it’s immediate aftermath
  3. The claimant suffered shock through their unaided senses meaning people who saw or heard the accident directly and with no alternative source

Question 9

What two principles extend the rules of nervous shock?

Answer 9

1. A claim could be made by someone with close ties of love and affection with the victim of the accident
2. The shock must be suffered either at the scene of the accident or within two hours of its immediate aftermath

Question 10

Who can other claimants be?

Answer 10

1. Rescuers = Anyone who helps a victim of the accident, this encourages people to help in an accident. They are likely to succeed for primary victims but if they are not at risk, they must satisfy the criteria of a secondary victim This is seen in (Chadwick v British Rail), (Hale v London Underground) and (White v Chief Constable of South Yorkshire)
2. Bystanders = They witness an accident and do nothing to help. They must satisfy the Alcock criteria to claim. This is seen in (McFarlane v E E Caledonia)
3. Property Owners = They can claim for psychiatric injury if they witness their property being destroyed. Seen in (Attia v British Gas)
4. Near Misses = These are people who are close to the scene and suffered mental injuries. They do not have to be related and can be a primary victim if they can prove the defendant was negligent
5. Gradual Shock = Shock needs to be suffered as a result of a sudden event or over a period of time if there was mutliple horrifying events. This is seen in (Sion v Hampstead Health Authority), (North Glamorgan NHS Trust v Walters) and (Galli-Atkinson v Seghal)

Question 11

Essay Plan -

Answer 11

Psychiatric Injury =

Primary Victim =