psychiatric injury

    Cards (8)

    • what is another way to define psychiatric injury?
      nervous shock
    • 3 success criteria:
      • recognised psychiatric injury
      • causation is present
      • c is primary/secondary victim
    • what was the outcome of calascione v dixon (1994)

      d was not responsible for ptsd as it resulted from stress unrelated to the accident itself
    • define primary victim
      those within the zone of danger, and could have suffered physical harm but only suffered mental injury
    • which case states primary victims are not limited to claimants who are involved in accident?

      donachie v chief constable of greater manchester (2004)
    • define secondary victim:

      those who are not in personal physical danger but witnessed accident or it’s immediate aftermat, and suffered psychiatric damage as result
    • secondary victim criteria:

      -reasonably foreseeable that person of normal fortitude would have suffered pysc injury as result of c negligence
      • close ties of love and affection
      • proximity in time and space
      • c must perceive accident or aftermath with own senses
    • what is the outcome for rescuers?

      those at the scene within the zone of danger are primary victims, those not exposed will be treated as secondary victims
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