Psychiatric Injury Key Cases

Question 1

(1) In the zone of physical danger

Answer 1

Page v Smith

Question 2

(1) Rescuers will be classed as primary victims

Answer 2

Chadwick v British Railway

Question 3

(2) Recognised Medical condition

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Answer 3

McLoughlin V O’Brien,

“not merely grief, distress or any other normal emotion, but a positive psychiatric injury”

Question 4

(3) So long as physical injury is foreseeable there is no need to establish that psychiatric harm is foreseeable

Answer 4

Page V Smith

Question 5

(Primary (4) + Secondary (6)) Breach and Damage caused

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Answer 5

“This has been satisfied in negligence and it would have to be shown that the psychiatric injury would not have happened but for the breach and if so it is clearly not too remote”

Question 6

(Primary + Secondary) Remedies

Answer 6

Award of damages in the form of compensation to put C back in the position they would have been prior to the negligence

Question 7

Secondary victims

(1) Identify that the claimant is a secondary victim

Answer 7

Page v Smith

“not in the zone of danger”

Question 8

(2) Recognised medical condition

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Answer 8

McLoughlin V O’Brien,

“not merely grief, distress or any other normal emotion, but a positive psychiatric injury”

Question 9

(3) Sudden Onset

Answer 9

Sion v HHA

The Psychiatric harm must arise from a sudden impact of witnessing a horrifying incident and must not be gradual

Question 10

(4) Threshold test

Answer 10

Objective test - is it reasonably foreseeable that person of normal fortitude in C’s position would suffer psychiatric harm?

Bourhill v Young - Does it go beyond mere calamities of life?

Question 11

(5) The Alcock rules

Answer 11

Close tie of love and affection

Witness at the scene or immediate aftermath

Unaided senses