psychiatric injury Flashcards
(21 cards)
Define psychiatric injury
a severe, long term mental injury that is more than shock or grief. (known as nervous shock)
who may suffer psychiatric injury?
A person who witnesses a tragic event but is not directly involved (secondary victims)
what is the 4 things a secondary victim must meet to be eligible to claim for psychiatric injury?
- there was an accident or sudden event the d was negligent causing the injury.
- some from of mental injury
- passes the Alcock criteria (to prove they are secondary victims.
- it is reasonable the a person of the same sex and age would have suffered the same injury in the same circumstances.
Does there have to be a breach of duty for psychiatric injury to be claimed for?
yes, there must be a breach of duty that resulted in a loss or damage causing nervous shock.
can claims involve loss of earnings?
yes, if the claimants mental injury means they are unable to go to work then loos of earnings for past and future can be awarded.
can you claim for psychiatric injury for a long term event?
no, the “shock” must be from a sudden event. for example : you can claim from witnessing a loved one in a car crash but cannot claim for witnessing a loved one deteriorate after caring for them for a long period of time due to an accident. it is possible but would be very hard to prove and be expensive.
what is the principle and facts from bourhill v young?
a pregnant woman heard a motorcycle accident when getting off a train. she went to see the scene. when she saw the aftermath she suffered shock and miscarried her baby. her claim against the dead motorcyclist failed as there was no proximity at the time of the crash and she decided to see it.
does there have to be a proximate relationship for a psychiatric injury claim?
yes, the was decided in bourhill v young.
what was decided in McLoughlin v O’Brien?
a mother went to the hospital to see her husband and children after they were involved in a negligent accident. she suffered shock. the courts decided a claim for psychiatric injury could be successful after the incident if …
1. there is close ties of love and affection with the victim
2. and the shock could be suffered at the incident or within immediate aftermath (n o time was set for this)
define a primary victim
those directly involved in the incident and suffered physical and/or mental injures. they must prove the d was negligent.
define a secondary victim
those not involved in the incident but suffered mental injury as a result of what they saw or heard at the scene of its immediate aftermath. the criteria for this is a lot higher than primary victims as the must prove the D was negligent but must also pass the alcock criteria.
what happened in page v smith?
C suffered from ME before incident. in recovery, involved in a minor incident due to negligent D. He was not physically injured but it triggered his ME which became chronic and permanent. he was unable too return to his job as a teacher. claim was successful due to the thin skull rule.
what happened in Alcock v chief constable of South Yorkshire
due to the negligence of the police too many football fans were allowed into Hillsborough stadium. many were injured and 96 died. the police were negligent towards those at the game and the family and friends of the injured. as a result the alcock criteria was made.
what are the 3 elements of the Alcock criteria?
- the claimant had to have close ties and affection with the victim
- the claimant suffered a mental injury at the time of the incident or within its immediate aftermath. (2 hours)
- The claimant suffered shock through their own unaided senses. (not through the tv or the radio)
what is a rescuer?
a rescuer is actively involved in helping the victims of an accident. can be primary victims if they put themselves in danger, can be secondary victims if they satisfy the Alcock criteria.
what is a case for rescuers?
Chadwick v British rail 1967
what is a bystander?
witnesses to the accident of the aftermath who do nothing to help.
can bystanders claim for mental injury?
no, unless they pass the Alcock criteria
what case establishes bystanders not being able to claim?
McFarlane v E E Caledonia. on board a ship and saw oil rig explode and witnessed the rescue. Did nothing to help but suffered psychiatric injury. unable to claim as did not satisfy Alcock criteria and was not a rescuer.
what case establishes property owners being able to claim for psychiatric injury ?
Attia v British Gas. woman asked d to install central heating, returned home from work and house on fire, her house was destroyed and she suffered shock. claim was accepted as was within the area and within reasonable foresight of d.
what is a near misser?
people who were close to the scene of an accident. they are classed as primary victims and can claim for psychiatric injury if they can prove it is as a result of D’s negligence.
