Topic 5-Psychiatric Damage

Question 1

What are the key facts?

Answer 1

Psychiatric injury which is not derived from physical injury is a type of damage that is not always recoverable in negligence.

●It was referred to in older cases as ‘nervous shock’.

●It is an aspect of duty of care.

●The range of allowable actions has evolved through developments of control mechanisms in the common law.

●The four key cases are McLoughlin, Alcock, Page, and White.

●This has been the subject of consideration by both the English and Scottish Law Commissions.

• Secondary victims v Primary victims

Question 2

What are the key leading authorities on this?

Answer 2

• Alcock v Chief Constable of South Yorkshire 1991
  -Attia v British Gas
  -

Question 3

Psychiatric Damage Definition

Answer 3

Also known as Nervous shock, psychiatric damage can be known as

Psychiatric Harm is form of personal Injury. When the courts first started considering claims in respect of psychiatric injuries , they focused on the distinct ways in which such harm tends to be caused; that is by an assault on an individual mind or senses rather than physical impact on the claimants body.

Question 4

Primary Victims

Answer 4

-Those referred to as participants

-Page v Smith

Question 5

Rescuers

Answer 5

White v Chief Constable of the South Yorkshire Police 1999

Question 6

Secondary Victims

Answer 6

-Bourhill and Young 1943
-Mcloughlin v O’Brian 1982
-Hillsborough Stadium disaster
-Alcock v Chief Constable of South Yorkshire Police 1992

Question 7

Involuntary Participants

Answer 7

-Dooley v Cammell Laird & Co Ltd 1951

Question 8

Defining Psychiatric Damage

Answer 8

• Hinz v Berry
  -McLoughin v O’Brian
• ## Grieves v F T Everard & Sons