psychiatric injury

• Primary victims


  Cs directly affected by an incident
• Secondary victims


  Cs not directly involved in an incident but suffer a mental injury
• Steps for psychiatric injury

  1. Negligence proven

  2. Medical Evidence

  3. Alcock criteria (secondary Vs)

  4. Threshold test (secondary Vs)
• McLoughlin v O'Brien


  Claim can be made by someone who had close ties of love and affection with C.

  Shock suffered at the scene or in the immediate aftermath
• Alcock criteria


  1. Close ties of love and affection

  2. Close geographical proximity

  3. Suffered shock through their own unaided senses

  4. 'Sudden shock
• Threshold test


  'A person of a reasonable fortitude would have suffered the same reaction and injury
• Chadwick v British Rail


  Rescuers who put themselves at risk are primary victims
• McFarlane v EE Caledonia

  Bystanders are secondary victims
• Attia v British Gas


  Property owners can claim if they were witness to destruction of property
• Hambrook v Stokes


  Near missers are primary victims
• North Glamorgan NHS Trust v Walters


  Claims are allowed if there was an unexpected decline in a person's condition