Pure Psychiatric Harm

Question 1

First 2 criteria for a duty of care to be owed in respect of pure psychiatric harm.

Answer 1

1. Caused by sudden shock.

2. Medically recognised psychiatric illness or stress-induced medical condition.

Question 2

What 2 types of victim are there for pure psychiatric harm? Case.

Answer 2

Page v Smith.
Primary victim - in the danger area, or reasonably believed they were in danger.
Secondary victim - witness injury to another or feared for another’s safety.

Question 3

When will a duty of care be owed to a primary victim? Case.

Answer 3

Page v Smith.

Risk of physical harm must have been reasonably foreseeable.

Question 4

When will a duty of care be owed to a secondary victim? Case.

Answer 4

Alcock.
1. Reasonably foreseeable that a person of normal fortitude would suffer psychiatric harm.
2. Close ties of love and affection between claimant and victim
3. Proximity in time & space - claimant must be present and accident or immediate aftermath.
4. Proximity of perception.
.

Question 5

2 cases to help define ‘immediate aftermath’.

Answer 5

1. 1 hour later, victim still covered in mud and blood, yes - McLoughlin v O’Brien.
2. 8 hours later, victim in morgue, no - Alcock.

Question 6

What will constitute ‘proximity of perception’? 2 cases.

Answer 6

1. Must be own sight/hearing - McLoughlin v O’Brien.

2. Seeing on TV not sufficient - Alcock.

Question 7

How are rescuers treated? Example?

Answer 7

No differently from other victims - White. In Chadwick v British Railways, claimant rescuer was primary victim as he was in danger area.

Question 8

Will a duty be owed by an employer?

Answer 8

Yes - duty of care to provide safe system of work and supervision extends to stress-induced harm - Walker v Northumberland. But risk must be foreseeable - Hatton v Sutherland.