psychiatric injury

    Cards (19)

    • What must occur for psychiatric injury to take place?

      There must be a duty and a breach.
    • 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.
    • What is an example of a recognized psychiatric injury?

      Post-Traumatic Stress Disorder (PTSD).
    • 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.
    • What case established that physical symptoms of fear are not sufficient for psychiatric injury claims?

      Reilly v Merseyside Regional Health Authority.
    • 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.
    • Who can claim for psychiatric injury as primary victims?

      Primary victims are those directly involved in the incident and in the "zone of danger."
    • 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.
    • Can rescuers be considered primary victims?

      Yes, if they have put themselves in danger while trying to rescue.
    • What defines a secondary victim?

      A secondary victim suffers psychiatric injury without being exposed to danger themselves.
    • What criteria must secondary victims meet to claim psychiatric injury?

      They must satisfy the Alcock criteria.
    • What are the Alcock criteria for secondary victims?

      1. Close ties of love and affection with the primary victim.
      2. Suffered mental injuries at the scene or immediate aftermath.
      3. Witnessed the accident with their own unaided senses.
      4. A person of ordinary fortitude would foreseeably suffer psychiatric injury.
      5. The psychiatric injury must be induced by shock.
    • What is presumed to exist between spouses and parent and child regarding secondary victims?

      Close ties of love and affection.
    • What case established that secondary victims must have suffered mental injuries at the scene or its immediate aftermath?

      McLoughlin v O’Brian.
    • 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.
    • 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.
    • How is shock defined in the context of psychiatric injury claims?
      Shock is defined as a sudden assault on the nervous system.
    • Can nervous shock be suffered as a result of the appreciation of an event over time?
      Yes, as established in Walters.
    • What case established that a single horrifying event can lead to nervous shock over time?
      Walters.