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law tort
psychiatric injury
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Created by
Georgia calderbank
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Cards (19)
What must occur for
psychiatric
injury to take place?
There must be a
duty
and a
breach
.
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What are the two key
elements
that need to be established to
claim
for psychiatric injury?
The
claimant
must suffer from a
recognized
psychiatric injury and it must be caused by the
defendant's
negligence
.
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What is an example of a
recognized
psychiatric injury?
Post-Traumatic Stress Disorder
(
PTSD
).
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Are
physical
symptoms of fear and panic sufficient for a claim of psychiatric injury?
No, physical symptoms like
sweating
and
breathing difficulties
are not sufficient.
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What case established that physical symptoms of fear are
not
sufficient for psychiatric injury claims?
Reilly v Merseyside Regional Health Authority
.
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What must be proven regarding the cause of the
psychiatric
injury?
The injury must be
caused
by the defendant's
negligence
, following normal rules of
causation
.
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Who can
claim
for psychiatric injury as
primary
victims?
Primary victims are those
directly
involved in the
incident
and in the "
zone of danger
."
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What does it mean that a
primary
victim does not have to prove
foreseeability
of psychiatric injury?
It means the
defendant
takes the
victim
as they find them, as established in
Page v Smith
.
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Can
rescuers
be considered primary victims?
Yes, if they have put
themselves
in
danger
while trying to rescue.
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What defines a secondary
victim
?
A secondary victim suffers
psychiatric injury
without being
exposed
to danger themselves.
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What
criteria
must secondary victims meet to claim psychiatric injury?
They must satisfy the
Alcock
criteria.
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What are the
Alcock
criteria for secondary victims?
Close
ties of
love
and
affection
with the
primary
victim.
Suffered
mental
injuries
at the
scene
or
immediate
aftermath.
Witnessed
the accident with their own
unaided
senses.
A person of
ordinary
fortitude
would foreseeably suffer
psychiatric injury
.
The
psychiatric
injury must be induced by
shock.
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What is presumed to exist between spouses and parent and
child
regarding secondary victims?
Close
ties of
love
and
affection.
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What case established that secondary
victims
must have suffered
mental
injuries at the scene or its immediate aftermath?
McLoughlin v O’Brian
.
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What does it mean that a
secondary
victim must witness the accident with their own
unaided
senses?
It means they cannot
learn
about the accident through a
third party
.
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What is the significance of the 'thin skull rule' in relation to secondary victims?
The thin skull rule does not apply; the secondary victim must be of
ordinary fortitude
.
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How is shock defined in the context of psychiatric injury claims?
Shock is defined as a sudden
assault
on the
nervous system
.
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Can nervous shock be suffered as a result of the appreciation of an event over time?
Yes, as established in
Walters
.
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What case established that a single horrifying event can lead to nervous shock over time?
Walters
.
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