Tort of Negligence: Liability for Psychiatric Injury Flashcards
Why have restrictions for claims of psychiatric injury been restricted to those who witnessed the event?
To prevent false claims and a flood of cases
What is a primary victim?
Someone who falls within the horrific event’s zone of physical danger and as a result suffer either physical or psychiatric injury or both
What is a secondary victim?
Someone who doesn’t fall within the zone of danger as they are not at risk of physical injury but they witness injury to others and suffer psychiatric injury as a result
If C is a primary victim, what case is used to show a duty of care?
PAGE V SMITH
What does the case PAGE V SMITH say about establishing a duty of care?
C need prove only that some physical injury was reasonably foreseeable. There is no requirement that psychiatric injury was foreseeable
What case is used to demonstrate a breach of duty of care for a primary victim?
BLYTH V BIRMINGHAM WATERWORKS
What does the case BLYTH V BIRMINGHAM WATERWORKS say about breach of duty of care for a primary victim?
D will have breached his duty of care if he failed to reach the standard of care required of the reasonable person in the circumstances
What must D’s breach of duty have done for D to be liable?
Caused the physical and/or psychiatric injury
What does the case GREGG V SCOTT say about a primary victims injury?
The psychiatric injury need not be a recognised psychiatric condition
What does the case WHITE V CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE say about the injury of a secondary victim?
C must prove that they’ve suffered from a medically recognised psychiatric condition that is severe and long-term
How is a duty of care established for a secondary victim?
It must have been foreseeable that a reasonable person in C’s position would have suffered psychiatric injury due to the horrific event
What does the case ALCOCK V CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE provide?
Control mechanisms
What are the control mechanisms from ALCOCK V CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE?
A close tie of love and affection and proximity in time and space
What case is used to demonstrate the breach of duty of care for a secondary victim?
BLYTH V BIRMINGHAM WATERWORKS
What does the case BLYTH V BIRMINGHAM WATERWORKS say about the breach of duty for a secondary victim?
D will have breached his duty of care if he failed to reach the standard of care required of the reasonable person in the circumstances
What does the case SION V HAMPSTEAD HEALTH AUTHORITY say about a secondary victims injury?
The sudden shock of a horrific event or its immediate aftermath must be the cause of C’s psychiatric injury, C cannot claim for psychiatric injury developed over time
What does the case CHADWICK V BRITISH RAILWAYS BOARD say if C is a rescuer?
C will be treated in the same way as a primary victim if they are in the zone of danger
What does the case WHITE V CC OF SOUTH YORKSHIRE POLICE say if C is a rescuer?
C will be treated in the same way as a secondary victim if they are not in the zone of danger and not at risk of physical injury. In order to be successful in their claim C must satisfy all the control mechanisms from ALCOCK
What does the case MCFARLANE V EE CALEDONIA say if C is an unrelated bystander?
It would generally not be reasonably foreseeable that a bystander would suffer psychiatric injury
