If the law is too lenient, almost anyone would be able to claim psychiatric injury- which is not reasonable for the courts- so they try to restrict it.
For any kind of victim, what are the 2 things that there must be?
proof of physical injury by shock, or a recognisable psychatric injury
establish that they are owed a duty of care by the defendant with regard to the psychiatric injury
Which case established that there are 3 types of claimant?
White & others v Chief Constable of South Yorkshire
What is the definition of a victim? What can they claim?
Someone who has received a physical injury. They automatically have the right to put through a negligence claim.
What is the definition of a primary victim?
Someone who is never physically injured, but believes that they are going to be. As a result, they suffer from psychiatric injury
What are the two primary victim factors that must be established?
Have to prove that their psychiatric damage was reasonablyforseeable?
Is the claimant of 'normal fortitude' or 'reasonable phlegm'?
Which case is to do with primary victims?
Dulieu v White & Sons
(Horse and car goes through the wall)
There must be some basis for the fear of injury case?
McFarlane v EE Caledonia Ltd
(Oil Rig)
Secondary victims definition?
Individuals who are not directly involved in a traumatic event but who are affected by it, such as family members, friends, or witnesses.
What is the first control mechanism? and the definition?
Nature of the psychiatric injury.
'The sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind.'
Which case relates to the 'sudden' part of a primary victim?
Sion v Hampstead AHA
Which case is to do with the nature of the psychiatric injury?
Vernon v Bosley
What is the second control mechanism?
Proximity test-
Secondary victim must have been present at the incident OR have witnessed the immediate aftermath. (be there before cleanup)
Which case says that proximity test works even if the claimant sees the victim in the hospital before cleanup?
McLoughlin v O'Brien
Which case says that witnessing a body in the mortuary is not enough for psychiatric injury?
Alcock v C.C.S Yorkshire
What is the third control mechanism?
The secondary victim must have close ties of love and affection with the claimant
Where are close ties of love and affection presumed?
between spouses, and parent and child.
Everyone else has to prove that they are..
'as a matter of fact, close'
What must a successful rescuer prove?
they are suffering from psychiatric injury
they placed themselves in danger or perceived that they were in danger
Which case is to do with rescuers?
Chadwick v British Transport Commission
What happens with Bystanders?
'Defendants cannot be expected to compensate the world at large' (McFarlane v EE Caledonia Ltd)
W v Essex County Council
Family fostered a child who the adoption home knew was a sexual abuser. They recieved a successful negligence claim
Boylan v Keegan
Dad sat on the phone with daughter in car accident. There was not sufficient proximity.