Pure Psychological Harm

Question 1

Pure Psychiatric Harm:

Definition of PPH

Answer 1

Pure psychiatric harm is psychiatric harm that stands alone. This means that it does not flow from physical injury or damage

Question 2

Pure Psychiatric Harm:

Requirements for PPH

Answer 2

1. Caused by a sudden shock to the nervous system; and

2. It is either a medically recognised psychiatric illness, OR a shock-induced physical condition

Question 3

Pure Psychiatric Harm:

Is a duty of care owed?

Answer 3

PPH is a limited duty situation, so general rule is that no duty is owed.
But there are exceptions, and which one applies depends on whether victim is a primary or a secondary victim

Question 4

Pure Psychiatric Harm:

Page v Smith (primary victim)

Answer 4

To be a primary victim, C must have:

• been in actual area of danger; or
• reasonably believed he was in danger

Question 5

Pure Psychiatric Harm:

Page v Smith; Dulieu v White & Sons

Answer 5

A duty of care is owed to a primary victim in respect of PPH if the risk of physical injury is foreseeable

Question 6

Pure Psychiatric Harm:

Bourhill v Young

Answer 6

If risk of physical injury is not foreseeable, no duty of care is owed

Question 7

Pure Psychiatric Harm:

Page v Smith (secondary victim)

Answer 7

To be a secondary victim, C must have:

1. Witnessed injury to someone else; and
2. Feared for the safety of another person

Question 8

Pure Psychiatric Harm:

Alcock

Answer 8

A duty of care is owed for PPH suffered by a secondary victim if the four criteria are satisfied (see separate flashcard)

Question 9

Pure Psychiatric Harm:

Alcock criteria

Answer 9

1. It is reasonably foreseeable that a person of normal fortitude in the claimant’s position would suffer a psychiatric illness
2. C has a close relationship of love and affection with person endangered by D’s negligence
3. C was present at accident or its immediate aftermath
4. C saw/heard the accident or its immediate aftermath with own senses

Question 10

Pure Psychiatric Harm:

McLoughlin v O’Brian (immediate aftermath)

Answer 10

One hour after accident with victims in the same state is deemed to be present at ‘immediate aftermath’
Eight hours was not ‘immediate’ under Alcock

Question 11

Pure Psychiatric Harm:

McLoughlin v O’Brian (own senses)

Answer 11

Shock must come to C through sight or hearing of the event or its immediate aftermath

Question 12

Pure Psychiatric Harm:

Alcock (own senses)

Answer 12

Seeing the event on TV will not be sufficient in meeting ‘own senses’ criteria unless the impact of the live TV broadcast is greater than seeing actual incident

Question 13

Pure Psychiatric Harm:

White v Chief Constable of South Yorkshire Police

Answer 13

Where claimant is a rescuer, there are no special rules.

Rescuer will fall into category of either primary or secondary victim, as any other person would

Question 14

Pure Psychiatric Harm:

Problems with existing status of law on PPH

Answer 14

1. Why are sibling relationships not included under Alcock criteria?
2. What ‘immediate’ is is still unclear
3. Why must harm be caused by sudden shock when mesothelioma and asbestos can be cumulative harm?
4. What about stress which is not medically recognised?
5. Why must C hear/see shock - what if mother heard child’s accident over the phone?
6. Why a person of ‘normal fortitude’ (under Alcock) when eggshell skull rule is normal in Tort?