Psychiatric injury

• What is psychiatric injury?

  Long term diagnosed mental injury greater than shock
• What did the case Hinz v Berry conclude about grief?

  Grief, sorrow, fear, and terror don't amount to psychiatric injury
• What are the two types of victims in psychiatric injury claims?

  • Primary victim: in the zone of physical danger
  • Secondary victim: witness of horrific events, not in danger
• What must a claimant establish regarding physical harm for psychiatric injury claims?

  Physical harm must be foreseeable
• What is the Alcock test for secondary victims?

  1. Close tie of love and affection with primary victim
  2. Witness the event with unaided senses
  3. Proximity to the event or aftermath
  4. Received psychiatric injury as a result
• What is required for secondary victims to establish a duty of care?

  Fulfill the Alcock test criteria
• Who are considered rescuers in psychiatric injury claims?

  Those who aid primary victims but are not victims themselves
• Can rescuers claim for psychiatric injury?

  No, they cannot claim
• What case established that rescuers cannot claim for psychiatric injury?

  United v Chief Constable of South Yorkshire