Psychiatric Injury Flashcards
What is the definition of psychiatric injury? (nervous shock)
A severe, long term mental injury which is more than shock or grief
What is a primary victim?
Someone who is directly involved in the accident
HAMBROOK V STOKES
A claim can be made if fearing for safety of family members
BOURHILL V YOUNG
No claim for psychiatric injury can be made if claimant outside range of people who could be affected
What further rules were made for claiming under psychiatric injury?
- Close ties of love and affection with the victim
- Shock suffered at the scene or within its immediate aftermath (2 hours)
What case established the further rules for claiming under psychiatric injury?
MCLOUGHLIN V O’BRIEN
PAGE V SMITH
A primary victim can include someone who is physically injured or in danger of injury
What is a secondary victim?
Someone who is not directly involved in the incident but suffered mental injury after witnessing an accident or its immediate aftermath
What needs to be satisfied in order to prove negligence for secondary victims
Alcock criteria
ALCOCK V CHIEF CONSTABLE OF SOUTH YORKSHIRE
Sets out 3 principles in criteria:
1. Close ties of love and affection
2. Present at scene or its immediate aftermath
3. Shock suffered with claimants own unaided senses (Threshold test)
Rescuers can claim if they have been actively involved in helping victims of the accident
CHADWICK V BRITISH RAIL
What is the ruling for rescuers who do not put themselves physically at risk?
- They become secondary victims
WHITE V CHIEF CONSTABLE OF SOUTH YORKSHIRE
What is the rule for bystanders when claiming for psychiatric injury?
- Bystanders are witnesses to an incident or its aftermath who do nothing to help
- Classed as secondary victims and will have to satisfy criteria
What is the rule for claiming as a property owner?
- Can claim for shock if witness damage to house
ATTIA V BRITISH GAS
What is the ruling for ‘near missers’?
They can claim as a primary victim and do not need to be related to the victim
What needs to be proved for negligence causing psychiatric injury?
Duty of care, breach of duty and damaged caused.
DULIEU V WHITE
Claim can only be made if claimant suffered mental injury as a result of fearing for own safety
