Psychiatric injury

• Definition?


  Severe long term injury that is more than shock or grief
• Primary victims?

  only need to prove negligence
• Secondary victims?

  negligence

  mental injury

  alcock test

  reasonable person would have same reaction
• Dulieu v White?

  coach and horses crashed

  fear for own safety
• Hambrook v Stokes?

  Mother and child, lorry

  fearing for safety of others
• Bourhill v Young?


  pregnant woman, motorbike

  need proximity
• McLoughlin v O'Briern?

  family after crash

  claim can be made if:

  1. family member saw them in a bad way
  2. shock suffered at scene or immediatley after- 2 hours
• Alcock v Chief constable of south yorkshire?

  police negligence- hilsbrough

  high amount of claims led to Alcock criteria
• What is the Alcock test?

  Close ties of love and affection

  mental injury at scene or immediate aftermath

  shock through own unaided senses
• Who else can claim?

  resucers

  bystanders

  property owners

  'near misses'

  gradual rather than sudden shock
• How can rescuers claim?

  If they were actively involved in helping victims of accident

  encourages people to rescue
• Chadwick v British Rail?

  train crash, put himself in danger to help

  considered primary victim
• White v Chief Constable of South Yorkshire?

  Police officers from hillsbrough accident

  claims denied- put themselves at risk
• How can bystanders claim?

  witnesses to an accident who don't help
• McFarlene v E Caledonia


  Oilrig exploded in sea

  claim failed- bystander, didn't satisfy alcock criteria
• Attia v British Gas?

  house burnt down due to negligence of british gas

  not involved- house destroyed even when not involved
• Near misses?

  close to the scene

  considered primary victims
• Sion v Hampstead Health authority?

  Son injured, died 14 days later

  claim failed- gradual decline
• North Glamorgan NHS trust v Walters?

  baby liver failure

  claim success- sudden appreciation of multiple shocking events