psychiatric injury

    Cards (9)

    • Reilly v merseyside health authority
      C must show that they are suffering from recognised psychiatric injury
    • Sion v hampsted health authority
      C must show that the illness was caused by a traumatic event or an assault on the senses.
    • what must be identified to show D had a DOC to C
      the C is a primary or secondary victim of D's act
    • Page v Smith
      Primary victims
      A person who reasonably fears for their own physical safety or is within the zone of danger.
      Do not have to show psychiatric injury was foreseeable but physical injury was
      Thin skull rule applies
    • Alcock HL
      Secondary victims
      A person who witnesses and accident or it’s immediate aftermath
      A person of normal fortitude would have suffered the same injury
    • Alock control mechanism
      1. must have close ties of love and affection with primary victim.
      2. must witness the accident or its immediate aftermath with your own unaided senses(Mcloughlin v o'brien)
      3. the injury must be induced by shock
    • chadwick v british transport
      danger and injury is foreseeable to those who go and rescue so they can claim
    • White
      if rescuers are not at physical risk then they are secondary victims
    • Mcfarlane
      bystanders that are witnesses to an accident or its aftermath cannot claim unless they pass the Alock criteria