Psychiatric injury

Question 1

Establishing a victim

Primary - they are in ….. ….. …. …….
Secondary - they merely …… ….. … and suffer ……. .. . ………

Answer 1

Primary victims are in the zone of danger

Secondary victims are merely witnesses but suffer injury as a result

Question 2

Primary victims

Step one - defendant must be …….

The rules on ……. , ……..and ……… apply

A ……. injury must be …….. and ………, and more than ……. and caused by a …….. as seen in ……

Answer 2

Primary victims

Step one - defendant must be negligent

The rules on duty breach and damage apply

A metal injury must be long term and diagnosed, and more than trivial and caused by a sudden event as seen in Hinz

Question 3

Step two primary

The injury must be ………

Some …….. must have been ……..

The …… …… rule also applies as seen in ……

Answer 3

The injury must be foreseeable

Some psychiatric harm must’ve been foreseeable as seen in smith

Question 4

Secondary victims
Step 1

The defendant must have been ……..

The rules of ….., …… and …… apply here

A Psychiatric injury must be ……., ……..and more than just …… or …… as seen in …….

Answer 4

Secondary victims
Step 1

The defendant must have been negligent

The rules of duty, damage and breach apply here

A Psychiatric injury must be long term, diagnosed and more than just shock or panic (Hinz)

Question 5

Step 2 The Alcock criteria

Secondary victims have further criteria to prove, the Alcock criteria was designed to prevent the ……. ……… from …….after the ……… disaster

……… must first be proven, the claimant must’ve suffered a ……. ……. at the sight of the ……… (……)

They must ……… …… with their own ……… …….., directly …….. is sufficient but not on other form of …….

The injury must be the result of a ……… …….. (……..)

Answer 5

Step 2 The Alcock criteria

Secondary victims have further criteria to prove, the Alcock criteria was designed to prevent the flood gates from opening, after the Hillsborough disaster

Proximity must first be proven, the claimant must’ve suffered a mental injury at the sight of the incident (Seghal)

Witness event with own unaided senses, directly viewing is sufficient but not on other form of media.

The injury must be the result of a shocking event (Walters)

Question 6

Step 3 - The threshold test (secondary)

The claimant must show the ………. damage was ………. ………, and the ……… person would’ve …….. the …… This is an …… test

Answer 6

Step 3 - The threshold test (secondary)

The claimant must show the psychiatric damage was reasonably foreseeable, and the reasonable person would’ve sustained the injury. This is objective.