Psychiatric Injury Flashcards
Definition of Psychiatric Injury?
Also known as nervous shock. A severe, long-term mental injury which is more than shock or grief.
What does secondary victim have to prove to successful claim under psychiatric injury?
D negligence caused injury
Some form of mental injury
Alcock criteria
Person of reasonable fortitude would suffer
Cases for secondary victim in Psychiatric Injury?
Dulieu v White
Hambrook v Stokes
Bourhill v Young
McLoughlin v O’Brien
Page v Smith
Alcock v Chief Constable of South Yorkshire
Point of law in Dulieu v White for Psychiatric Injury?
Claim can be made when claimant suffers real and immediate fear of personal danger
Point of law in Hambrook v Stokes for Psychiatric Injury?
Suffered nervous shock fearing for safety of family member
Point of law in Bourhill v Young for Psychiatric Injury?
No claim if outside the range of people who could be affected
Point of law in McLoughlin v O’Brien for Psychiatric Injury?
Claim if close ties of love and affection with victim and shock suffered at scene or immediate aftermath
Type of victims for Psychiatric Injury!
Primary Victim
Secondary Victim
Definition of Primary Victim for Psychiatric Injury?
Victim of an accident suffers physical/mental injuries
Definition of Secondary Victim for Psychiatric Injury?
Person suffers mental injury after witnessing accident
Page v Smith
Point of law in Alcock v Chief Constable of South Yorkshire for Psychiatric Injury?
Close ties of love and affection
Shock suffered at scene of immediate aftermath
Witnessed with own unaided senses (not TV/Radio)
Other types of victims in Psychiatric Injury?
Rescuers - primary/secondary
Bystander
Near Misseres - do not have to know V
Property Owner
Case for primary rescuer for psychiatric injury?
Chadwick v British Rail
Case for secondary rescuer for psychiatric injury?
White v Chief Constable of South Yorkshire
Case for bystander for psychiatric injury?
McFarlane
Case for property owners for psychiatric injury?
Attia v British Gas - saw destruction of her house could claim
