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4 Cards in this Set
- Front
- Back
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Has the C suffered a recognised psychiatric injury? |
examples include- • clinical depression • post- traumatic stress disorder • acute anxiety syndrome Mc Laughlin V O’brien |
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What is the claimant- Primary Victim? Secondary Victim? Rescuer? |
Primary Victim- victim who suffered physical and psychiatric injury OR suffered psychiatric injury and was at the risk of physical injury (Page V Smith) (White V CC South Yorkshire)- If yes normal rules of negligence apply Secondary Victim- a person who witnessed the incident or its immediate aftermath but is not in physical danger Rescuer- They are primary victims if they are in danger when conducting the rescue IF NOT you must follow the rules relating to secondary victims |
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What must the psychiatric injury be? |
Reasonably foreseeable- must be reasonably foreseeable that a person of normal fortitude might suffer psychiatric injury (Bourhill V Young) |
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What are the control mechanisms and where are they from? |
Alcock V Chief Constable of South Yorkshire 1. Psychiatric injury must result from sudden shock ‘the sudden appreciation by sight or sound of a horrifying event which violently agitated the mind’ (Walters V Glanmorgan- Yes) (Sion V Hampstead- No) 2. The shock must be caused by C hearing or seeing event or immediate aftermath with own unaided senses 3. The claimant must be present at the event or it’s immediate aftermath (proximity in time and space) 4. The claimant must have a close tie of love and affection with primary victim Immediate- McLoughlin- 1 hour Alcock- 7 hours Atkinson- 2 hours |
