Law of Tort: Psychiatric Harm
Terms in this set (10)
A person injured or killed as a direct result of a tortuous act
An individual who experiences sympathetic pain as a result of a primary victim's suffering
Someone who may suffer from psychiatric harm due to saving someone from injury (as part of their job)
Page v Smith
• Reasonably foreseeable that a D's behaviour would expose C to a risk of physical injury > duty with regard to any injury C suffered, including psychiatric harm > psychiatric injury itself does not need to be foreseeable.
• If a PV is suffering from a pre-existing neurosis it does not matter as the D must take the C as he/she finds him or her i.e. thin skull principle.
McFarlane v EE Caledonia
Even though C can claim for psychiatric injury caused by fears for his/her own safety even though no physical injury has occurred, there must be some reasonable basis for the fears.
Alcock v CC South Yorkshire
• Relative went you identify a body after 8 hours but it was said that 8 hours was too late.
• Three criteria that must be followed for secondary victims: relationship proximity, proximity in time and space and shock and direct perception
McLoughlin v O'Brian
Came to the hospital to visit her children start after finding out (2 hours) and found them still in a state that put her in a shock and as a result she suffered from personality disorder - needs to be 'immediate aftermath'
Brice v Brown
• Emotionally unstable mother and daughter in accident, any mother would suffer seeing injured child, if not to the same extent.
• A SV with a pre-existing neurosis must show that a person of ordinary phlegm and fortitude would have suffered psychiatric harm in the circumstances. If this is shown then SV is able to recover for the full extent of the damage caused.
White v CC of South Yorkshire
• Rescuers must satisfy the same threshold as other primary victims.
• Where there is no risk of injury to the rescuer, would be classed as a secondary victim and therefore subject to all the restrictions in Alcock.
Ogwo v Taylor
• Professional rescuers are treated in same way as public-spirited lay rescuers.
• D entitled to expect pro rescuer to use pro skill.