Pure psychiatric harm Flashcards
Rules
Where a claimant has suffered pure psychiatric harm without physical impact the injury must be:
- Caused by a sudden shock and either
- A medically recognised psychiatric illness or
- A shock-induced physical condition
Primary Victims
Someone who was actually involved in the incident. They were:
1) In the actual area of danger
2) Reasonably believed that they were in danger
A defendant owes a primary victim a duty of care not to cause pure psychiatric harm provided that the risk of physical injury was foreseeable
Secondary victims
People who witness injury to someone else or fears for safety of another person. Must satisfy 4 elements:
1) Foreseeability of psychiatric harm
2) Proximity of relationship
3) Proximity in time and space
4) Proximity of perception
Secondary victims - Foreseeability of psychiatric harm
If an ordinary person in the claimant’s position witnessed these events, is it foreseeable that he would suffer a psychiatric injury?
Secondary victims - Proximity of relationship
Must have a close relationship of love and affection with person who is endangered. This is presumed where there is a relationship of parent/child, husband/wife and fiancé/fiance. Can bring evidence.
Secondary victims - Proximity in time and space
Must be present at the accident or its immediate aftermath
Secondary victims - Proximity of perception
Must see or hear accident or its immediate aftermath with their own senses. Cannot be compensated if the event is communicated by a third party or TV broadcast.
Rescuers
If a rescuer has been in the actual area of danger he is a primary victim. If the rescuer has not been in the actual area of danger so that he has not been exposed to any risk of physical injury he will be classed as a secondary victim as long as requirements above have been met (unlikely they will meet proximity of relationship)
