Psychiatric Injury Flashcards
Wilkinson v Downton
Intentional infliction of medical distress.
Dulieu v White
Claimant was pregnant woman working behind bar, carriage was driven in through door, consequence of shock was giving birth prematurely. Proximity - she was in the zone of physical injury.
Hambrook v Strokes
Woman hears children injured by lorry, wasn’t in the zone of physical injury.
McLoughlin v O’Brian
Claimant found out her husband and children had been in an accident 2 hours after it happened, went straight to hospital, saw husband and remaining children being treated in “chaotic and harrowing” scenes, held that seeing the aftermath of an incident could be enough. Test - injury must be close enough in time and space.
Alcock v Chief Constable of South Yorkshire Police
Hillsborough case, three requisite elements placed on claims of this nature: (1) class of persons (must be close ties of love and affection), (2) proximity of claimant to the accident (time and space) and (3) means by which the shock is caused (must witness event with own unaided senses)
White v Chief Constable of South Yorkshire Police
Hillsborough claim by police officers, employers did not extend to avoiding psychiatric harm where employee would be secondary victim.
Page v Smith
Claimant’s ME was worsened by traffic accident, held to be psychiatric injury, held where personal injury is foreseeable it is irrelevant whether the injury that was suffered was psychiatric or physical.
Walker v Northumberland
First successful case for psychiatric injury at work - social worker had nervous breakdown, when he returned to work his employer promised more help. 6 months later he had another breakdown and couldn’t return to work. Held the second breakdown was foreseeable and there was an onus on the employer to prevent it.
Boylin
Under Protection Against Harrassment Act 1997 there needed to be a course of conduct, in this case only one event “crossed the line” so there was no action under the statute.
