Tort Law: Liability for psychiatric injury Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is psychiatric injury?

A

‘nervous shock’ - long term mental injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are primary victims?

A

Victim of an accident who suffers physical and/or mental injuries as shown in Page V Smith 1995.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a secondary victim?

A

Victim that suffers mental injury after witnessing an accident or its immediate aftermath as shown in Page V Smith 1995.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

To be successful, a secondary victim has to prove…

A
  • There was an accident or sudden event where someone’s negligence cause injury.
  • Some form of mental injury = more than shock/grief, long term
  • Passes the Alcock criteria
  • That a person of reasonable fortitude would have suffered the same injuries in the circumstances.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the Alcock (v Chief Constable of South Yorkshire 1992) criteria?

A
  • The claimant has close ties of love and affection with the victim through blood/relationship as shown in Mcloughin V O’Brien 1982
  • The claimant suffered mental injuries at the scene of the accident or in its immediate aftermath (time limit not defined but >5hours)
  • The claimant suffered shock through their own unaided senses.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Describe other claimants categories

A
  • A claim for mental injuries suffered in the act of rescuing will be allowed as shown in Chadwick V British Rail 1967
  • Bystanders have to satisfy the Alcock Criteria as shown in McFarlane V EE Caledonia 1994
How well did you know this?
1
Not at all
2
3
4
5
Perfectly