Negligence: Psychiatric Harm

Question 1

When a claimant suffers consequential psychiatric harm, the _______ rules for recovery apply

Answer 1

ordinary

Question 2

When a claimant suffers pure psychiatric harm, _________ rules for recovery apply

Answer 2

special

Question 3

What is a primary victim?

Answer 3

A victim who was in the actual area of danger created by the defendant (e.g. a participant in an accident)

Question 4

What are the 2 elements a primary victim must show to make a claim under pure psychiatric harm?

Answer 4

1. D owes a duty of care to PV
2. If there was a foreseeable risk of physical injury to PV

(n.b. no physical injury actually has to occur)

Question 5

For Primary victims, must psychiatric harm be foreseeable as a result of D’s action?

Answer 5

No

Question 6

What is a secondary victim?

Answer 6

A victim who was outside the area of danger e.g. bystanders

Question 7

What are the four elements a secondary victim must show to make a claim under pure psychiatric harm?

Answer 7

1. SV witnesses the shocking event with their own unaided senses, due to their presence or being in the immediate aftermath
2. Injury is caused by a sudden shock
3. Close ties of love and affection with the person whose harmed by the event
4. Reasonably foreseeable that a person of “normal fortitude” in SV’s position would suffer psychiatric harm

Question 8

Regardless of whether the victim is primary or secondary, damages can be recovered only for __________ __________ psychiatric conditions

Answer 8

medically recognised