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How can there be physical components to claims of psychiatric injury?
A physical injury sustained at the same time as a psychiatric injury
What is meant by a pure psychiatric injury?
A psychiatric injury which is unaccompanied by a physical injury.
Give an example of a pure psychiatric injury?
Clinical depression on witnessing a close friend or family member being injured.
For cases of pure psychiatric injury, what are the special rules that need to be considered?
The injury must be a recognised psychiatric injury.
What is the earliest case on psychiatric injury that allowed a claim to be successful?
Dulieu - barmaid feared for own safety when horse came crashing through bar.
After Donoghue v Stevenson the courts applied the neighbour principle to claims of psychiatric harm, what was the first case to look at this and explain?
Bourhill v Young - fishwife heard accident involving motorcycle and tram, she was pregnant and suffered miscarriage. Not reasonably foreseeable as she did not see the accident and had unusual sensitivity.
What did Yaensch v Coffey say immediate aftermath of an accident meant?
When the dust was still in the air, in McLoughlin they were still covered in all of the dirt and blood.
What is important to remember about the earlier cases on psychiatric injury?
They didn’t survive past Alcock.
According to Alcock what are the classifications of victims?
- primary
- secondary
- bystanders
- rescuers
- others
Who are primary victims?
Those present at the scene and either suffer physical injury themselves and sustain a recognised psychiatric injury or those not physically injured but within the range of foreseeable physical injury and are directly involved in the accident (Page v Smith).
Who is a secondary V?
It must be reasonable that a person of reasonable fortitude in C position, would suffer a physical or psychiatric injury as a result of the D breach of duty. They must witness through their own unaided senses and induced by sudden shock.
Do primary and secondary V fall within the eggshell skull rule?
Primary do, secondary do not.
Who is a recognised class of persons as a secondary victim?
Those with a close tie of love and affection to the immediate V.
If the immediate V is not owed a duty of care by the D (volenti non fit injuria) does that mean the secondary V cannot claim?
No, they still can claim (Alcock).
What was said in McLoughlin with regards to close tie of love and affection?
The closer the tie, not in label but in care, the greater the claim for consideration.
