Tort Law: Liability for psychiatric injury

Question 1

What is psychiatric injury?

Answer 1

‘nervous shock’ - long term mental injury

Question 2

What are primary victims?

Answer 2

Victim of an accident who suffers physical and/or mental injuries as shown in Page V Smith 1995.

Question 3

What is a secondary victim?

Answer 3

Victim that suffers mental injury after witnessing an accident or its immediate aftermath as shown in Page V Smith 1995.

Question 4

To be successful, a secondary victim has to prove…

Answer 4

• 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.

Question 5

What is the Alcock (v Chief Constable of South Yorkshire 1992) criteria?

Answer 5

• 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.

Question 6

Describe other claimants categories

Answer 6

• 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