Pyschiatric Injury

Question 1

For C to be owed a DOC but the D, they must prove negligence. C must show they are suffering from: (2)

Answer 1

a) A recognised psychiatric injury resulting from the incident and recognised as having long term effects due to D’s negligence
REILLY
b) This illness was caused by a traumatic event or an “assault of the senses”
SION

Question 2

To decide if D has a DOC to C, it must be identified if C is a PRIMARY VICTIM or SECONDARY VICTIM.

Primary victims:

Answer 2

A person who reasonably fears for their own physical safety or is within the zone of danger.

HL made 2 points in PAGE V SMITH:
1) primary victims do not have to show that the psychiatric injury was foreseeable, merely that some kind of personal injury was foreseeable.
2) the primary victim does not have to be a person of normal fortitude. Thin skull rule applies - therefor D must take victim as they found the

Question 3

Secondary Victim (3)

Answer 3

1) A person who suffers mental injury after witnessing an accident or it’s immediate aftermath
2) An unwilling witness to the traumatic incident in question but is not personally in danger of physical harm
3) A person of normal fortitude would have suffered the same injury in the same circumstances

Stricter test used, ALCOCK CONTROL MECHANISMS

Question 4

ALCOCK CONTROL MECHANISMS (3)

Answer 4

1) you must have close ties of love and affection with the PV. (family, close friendships, relationships)

2) must witness the accident or its immediate aftermath with your own unaided senses.
MCLOUGHIN V OBRIAN: PV must be in immediate post accident state, not “cleaned up”

3) The PI must be induced by shock. Lord Ackner states “the sudden appreciation by sight of sound of a horrifying event which violently agitates the mind.” At the scene of accident or immediate aftermath (2 hour window) approved in MCLOUGHIN

Question 5

Rescuers

Answer 5

CHADWICK V BRITISH TRANSPORT
Held: Danger and injury is foreseeable to those who try and help rescue

WHITE
Held: If the rescuers do NOT put themselves physically at risk they are a SECONDARY VICTIM.

Question 6

Bystanders

Answer 6

Cannot claim unless they satisfy the ALCOCK criteria.

Question 7

Remedy - Damages

Answer 7

Aim is to put C in position they would have been if the tort had not took place. Can claim for both GENERAL AND SPECIAL DAMAGES