6 - Psychiatric Harm

• What type of loss is considered under the tort of negligence in this context?

  Psychiatric harm
• What must be established for a psychiatric harm claim?

  Standard negligence claim procedures
• What qualifies as psychiatric harm?

  Medically recognized psychiatric illness
• Who is classified as a primary victim?

  Someone fearing for their own safety
• Does a primary victim need to suffer physical injury?

  No, they do not need physical injury
• In the case of Dulieu v. White, who was the primary victim?

  The pregnant barmaid
• What was the outcome of Dulieu v. White?

  Claimant suffered shock leading to premature birth
• In Page v. Smith, what was the claimant's condition after the crash?

  Worsened pre-existing condition
• What defines a secondary victim?

  Suffers harm due to fear for someone else's safety
• In Alcock (Hillsborough), what was the status of the claimants?

  All were secondary victims
• What must bystanders or rescuers be classified as?

  Either primary or secondary victims
• What is the test for DoC in Page v. Smith?

  Defendant must foresee PHYSICAL INJURY
• What type of harm is not valid for liability claims?

  Fear, distress, or mental grief
• What can form the basis for a claim besides psychiatric harm?

  Shock-induced physical condition

  
• What is the significance of the 'think skull rule'?

  Liability for all PH suffered once DoC is established
• What is harder to establish for secondary victims compared to primary victims?

  Establishing the duty of care (DoC)
• What are the three criteria in Alcock to establish DoC?

  Foreseeability, relationship proximity, time proximity
• What was the outcome in Bourhill v. Young?

  No DoC was owed to the claimant
• What is presumed in cases of parent/child relationships?

  Close ties of love and affection
• What must a secondary victim have to claim for psychiatric harm?

  Close ties of love and affection with the victim
• What is required for proximity in time and space to an accident?

  Must be present at the accident or aftermath
• What was the significance of McLoughlin v. O’Brian?

  DoC found for a mother witnessing a crash
• What distinguishes medical crises from accidents in terms of DoC?

  Medical crises are prolonged and complex
• What was the outcome in Taylor v. A Novo?

  Claim failed due to lack of proximity
• What happens in assumption of responsibility cases?

  Defendant owes DoC to avoid PH
• What was the outcome in Walker v. NCC?

  Employer owed DoC for work-related stress