Tort Law: Liability for psychiatric injury Flashcards
1
Q
What is psychiatric injury?
A
‘nervous shock’ - long term mental injury
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.
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.
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.
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.
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