Tort 2 - Psychiatric Harm

Question 1

What is pure psychiatric harm?

Answer 1

Harm to claimant without any physical impact

Question 2

What are the types of pure psychiatric harm?

Answer 2

1. Psychiatric condition caused by shock
2. Shock induced physical condition

Question 3

What is consequential psychiatric harm?

Answer 3

Psychiatric harm which is consequential on physical injury

Question 4

Can a claimant claim for consequential psychiatric harm?

Answer 4

Yes - ordinary rules of negligence apply

Question 5

What are the two types of victim of pure psychiatric harm?

Answer 5

1. Primary victim - in area of danger
2. Secondary victim - outside area of danger

Question 6

What are the duty of care rules for primary victims?

Answer 6

Owed a duty of care if there was a foreseeable risk of physical injury

Question 7

Does there have to be a foreseeability of psychiatric harm for primary victims?

Answer 7

No - does not have to be foreseeable as a result of defendant’s actions

Question 8

What requirements need to be satisfied for a secondary victim?

Answer 8

1. Psychiatric illness reasonably foreseeable
2. Close ties of love with the person in danger from defendant’s actions
3. Proximity to accident in time and space
4. Witnessed events with own senses

Question 9

What’s the difference on the limit of duty of care between pure and consequential psychiatric harm?

Answer 9

1. Pure = recognised medical psychiatric condition or shock induced condition e.g. PTSD, miscarriage
2. Consequential = can be any mental effect e.g. nightmares

Question 10

What is the shock requirement for psychiatric harm?

Answer 10

Must be sudden

Question 11

What type of person can claim for shock over a long period of time?

Answer 11

Primary victims and employees

Question 12

What are the next steps if the defendant owed a duty of care?

Answer 12

1. Defendant fell below reasonable standard of care
2. Breach of duty caused loss