Pyschiatric Injury Flashcards
(11 cards)
definition and stages
when the c suffers from a psychiatric injury rather than physical or property damage, caused by the d
2 stages
stage 1
c must be suffering from a recognised psychiatric injury not ordinary human emotions (Reilly v merseyside HA)
- c must show that the illness was caused by a traumatic event or an “assault on the senses” (Sion v Hampstead HA)
stage 2
were the cs primary or secondary victims
side rules
rescuers (PV can claim, if SV must satisfy control mechanisms) (chadwick v brutish transport)
bystanders (can’t unless satisfy control mechanisms) (McFarlane)
Primary victim defintion
a person who reasonably fears for their own physical safety or is within the zone of danger, have been directly effected by the negligent act
PV test
page v smith 2 stage test
1) don’t have to show PI was foreseeable merely some kind of injury was foreseeable
2) PV does not have to be a person or normal fortitude
secondary victim
unwilling to witness the traumatic incident in question but is not personally in any danger of physical harm
SV test -1
(Alcock) - (Paul, Polmear, Purchase)
must be satisfied in order to claim
1) close ties of love and affection
covering family relationships and close friendships
SV 2
you just witness the accident or it’s immediate aftermath with your own unaided senses (McLoughlin v Obrian) stated “immediate aftermath” of an accident requires the PV to be in their immediate post accident state and not cleaned up
SV 3
must directly perceive the accident or it’s immediate aftermath involving a close family member,
means you saw it for yourself rather than heard of the phone, through someone else or on the news/social media
SV 4
sufficient for the c who was present as the scene of the accident or the immediate aftermath to show that there is a connection between event and illness suffered
