Psychiatric injury ii Flashcards
What are other categories of claimaints
- Rescuers. (not mere bystanders/witnesses)
- Bystanders
- involuntary participants
- self-inflicted harm
- fear of the future
- property damage
- stress at work
What is the quote from Waller J in Chadwick
“danger invites rescue” (old approach to primary victims)
What did HoL decide in White/Frost
White v Chief Constable of South Yorkshire Police (on appeal from Frost) [1998]
- HL ruled against the police officers.
- The police officers were not to be regarded as being primary victims.
- not at risk of physical injury (not a primary victim). They were secondary victims as they had not been subject to any physical danger themselves
What is the current rescuer’s argument?
Chadwick cannot be used as an authority (dismissimg them as primary victims)
McFarlane v EE Caledonia [1994] Bystander approach?
CoA rejected claim as he was:
- not in danger
- not reasonably in fear for his own safety
- not counted as rescuer
Hegarty v EE Caledonia [1997] Bystander Approach?
C was considered to be of ordinary fortitude and not in physical danger. his fear of safety is not reasonable.
what category of victim is an involuntary participant?
primary.
what about claimants who witness the D put themselves in danger
claim is denied because a person ought to be free to choose to incur personal risks without exposing themselves to liability to others (Greatoreux v Greatoreux [2000])
what about property damage?
Attia v British Gas [1987]
D owed a duty of care to avoid causing psychiatric damage from witnessing the destruction of
cherished property.
What category of victims are claimants who suffer from stress at work
Primary victims.
Claimant is able to establish that employer owes duty of care not to cause them psychiatric harm
(walker v Northumberland) [1995]
