psychiatric injury

Question 1

psychiatric injury

Answer 1

psychiatric injury I =s a long term diagnosed mental injury that is greater than shock or grief

Question 2

the court will

Answer 2

adopt differing approaches as to whether a duty is owed depending on whether the d was a primary victim, someone in the zone of physical danger or a secondary victim someone not I the zone of physical danger but has witnessed horrific events

Question 3

in order to establish a duty, secondary victims must fulfil the 4 Alcock tests

Answer 3

the victim must: 1)have a close tie of love and affection with a primary victim 2) witness the event with their own unaided sense 3) be proximate to the event itself or its immediate aftermath 4) receive the psychiatric injury as a result of the shocking event

Question 4

Behrens

Answer 4

claimants can claim for psychiatric injury if it is foreseeable and caused by. the d’s negligence

Question 5

hicks v chief constable of South Yorkshire

Answer 5

psychiatric injury must be foreseeable

Question 6

mcfarlanne

Answer 6

claimant must show a recognised psychiatric injury resulting from shock