Pure Psychiatric Harm Flashcards
What are the requirements for pure psychiatric harm?
Injury must be either
(A) a medically recognised psychiatric illness.
(B) a shock-induced physical condition e.g. miscarriage/heart attack.
Applies to both primary and secondary victims.
What is the difference between a primary and secondary victim?
Primary - was in the actual area of danger or reasonably believed they were in danger.
Owed a duty of care in relation to their pure psychiatric harm, provided the risk of physical injury was foreseeable.
Secondary - witness injury to someone else, fears for the safety of another person.
4 requirements need to be satisfied to show a duty of care is owed.
What are the 4 elements that need to be satisfied to determine whether a duty of care is owed to a secondary victim?
(A) foreseeability of psychiatric harm.
(B) proximity of relationship - close ties of love and affection.
(C) proximity in time and space - must be present at the accident or its immediate aftermath.
(D) proximity of perception - needs to see or hear the accident with their own senses.
How should a rescuer be treated in relation to pure psychiatric harm?
Should be treated in the same way as any other victim who suffers only pure psychiatric harm.
