Tort: Psychiatric Injury ( Nervous Shock )

Question 1

Is it easier or harder to claim for?

Answer 1

Harder than physical injury.

Question 2

How can you claim?

Answer 2

You must have evidence of serious psychiatric illness EG: PTSD, ordinary grief/Anxiety is not enough.

Question 3

Why are courts more careful in recognising a duty of care in relation to psychiatric injury?

Answer 3

> More difficult to diagnose.
Easier to fake claims.
May open floodgates.
Harder to value compensation.

Question 4

What are the two types of psychiatric victim?

Answer 4

> Primary victim.

> Secondary victim.

Question 5

What is a primary victim?

Answer 5

Someone who was or reasonably believed they were under actual threat of bodily harm as a result of negligent behaviour.

Question 6

Give an example of a primary victim case?

Answer 6

DULIEU V WHITE ( 1901 ). A horse crashed through a window, causing shock to pregnant woman, she then miscarried a baby.

Question 7

What is a secondary victim?

Answer 7

Someone who suffers a psychiatric illness as a result of witnessing an accident or its immediate aftermath. The person must see or reasonably believe someone they have a tie of love and affection for is the victim of an accident.

Question 8

Are rescuers Primary or secondary victims?

Answer 8

Prior to 1999, any rescuer was classed as a primary victim. But this changed in the case of WHITE V CHIEF CONSTABLE SOUTH YORKSHIRE ( 1999 ). It was then decided that a rescuer was only a primary victim if they themselves were in danger.

Question 9

Give an example of when the mental injury suffered was not strong enough?

Answer 9

REILLY V MERSEYSIDE RHA ( 1995 ). Elderly claimants stuck in lift suffered shock.

Question 10

Give an example of a recognised psychiatric injury case?

Answer 10

WHITE V CHIEF CONSTABLE OF SOUTH YORKSHIRE ( 1999 ). Police suffered PTSD.

Question 11

Does the eggshell rule apply to psychiatric injury, give an example?

Answer 11

Yes, PAGE V SMITH ( 1995 ). C was in a car crash, suffered no physical injury but developed chronic ME, something most people would not get.

Question 12

What is the rule for bystanders?

Answer 12

Bystanders can’t claim, they were not in danger and don’t have a tie of affection for victims.

Question 13

What are the 3 different times that a secondary victim can claim from?

Answer 13

> Before incident.
During incident.
After incident.

Question 14

Give an example of a claim for the time before incident?

Answer 14

HAMBROOK V STOKES ( 1925 ). C saw a driverless lorry head towards her children’s school.

Question 15

Give an example of a claim from the time of an incident?

Answer 15

HINZ V BERRY ( 1970 ). C witnessed a car crash into family car.

Question 16

Give an example of a claim from the aftermath of incident?

Answer 16

MCLOUGHLIN V O’BRIEN ( 1982 ). C had a family car crash, she arrived at hospital to see family covered in blood and oil.

Question 17

What case did the Alcock criteria originate from?

Answer 17

ALCOCK V CHIEF CONSTABLE OF SOUTH YORKSHIRE ( 1991 ). D’s were a mixture of people claiming after witnessing the hills borough disaster, but the two at the ground had no tie of affection and the rest watched through TV.

Question 18

What are the 3 criteria set out in Alcock criteria?

Answer 18

> Close tie required.
Proximity required.
Must suffer a sudden, immediate medically recognised psychiatric illness, can’t be a slowly developing illness.

Question 19

What did the law commission report ( 1998 ) recommend?

Answer 19

> Extend the class of people with close ties to include siblings and house mates of more than 2 years etc…
Remove immediacy requirement.
Remove proximity requirement.
Require only foreseeability of physical injury.

Question 20

Have these changes been made?

Answer 20

No, not yet.