Negligence - Psychiatric Injury

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Psychiatric injury

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26 Terms

1

Psychiatric injury

1) Their injury is a recognised psychiatric injury; and

2) Causation is present; and

3) The claimant is a primary or secondary victim.

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2

Frost v CC South Yorkshire Police

'Expert psychiatric evidence' is required to establish psychiatric injury

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3

Reilly v Merseyside Regional Health Authority

Psychiatric Injury must be more than normal human emotion

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4

Causation

There must be a causal link between the defendantā€™s breach of duty and the psychiatric injury.

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5

Calascione v Dixon

The accident for which D was to blame was not the cause of C's PTSD. - causation

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6

Primary Victims

Those who are within the zone of danger created by the defendantā€™s negligence and suffer mental injury

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7

Dulieu v White & Sons

It was foreseeable that C could suffer some form of physical injury from the crash so she was a primary victim

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8

Donachie v CC Greater Manchester Police

Primary victims can include people put into extremely stressful situations as well as those who witness accidents.

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9

Page v Smith (re primary victims)

For primary victims, psychiatric injury need not be foreseeable.

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10

Secondary Victims

witnessed either the accident itself or its aftermath and suffered psychiatric damage either as a result

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11

McLoughlin v O'Brien

C saw the immediate aftermath of the family's crash and was entitled to claim. Established points 2-5 of criteria for secondary victims.

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12

Alcock v CC South Yorkshire Police

Multiple Cs claimed for PTSD following Hillsborough. Approved and refined McLoughlin.

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13

Psychiatric injury was reasonably foreseeable

first stage

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14

Page v Smith (re secondary victims st1)

It must be reasonably foreseeable that a person of normal fortitude would have suffered psychiatric injury due to C's negligence

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15

Simmons v British Steel

C could claim for depression as a person of normal fortitude would also have suffered following a head injury (1)

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16

2) Close ties of love and affection

In McLoughlin v Oā€™Brien it was held that such ties can be presumed between parent and child and spouses, and this was extended in Alcock v Chief Constable of South Yorkshire Police to fiancĆ©s

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17

McFarlane v EE Caledonia Ltd

'Close ties of love and affection' are required - no claim for a mere bystander

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18

Proximity in time and space

There must be proximity in time and space between the claimant and the incident or its immediate aftermath (McLoughlin v Oā€™Brien)

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19

Galli-Atkinson v Seghal

'Immediate aftermath' includes visit to mortuary if it is an 'uninterrupted sequence of events' (3)

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20

Walters v North Glamorgan NHS Trust Ltd

A 36-hour period was a 'single horrifying event' that was the 'immediate aftermath' and amounted to shock. (3)

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21

Taylor v Novo

C watching her mother die 3 weeks after she was injured at work - no proximity in time and space. (3)

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22

3 C must perceive the accident or its immediate aftermath with their own senses

This includes hearing, sight and touch ā€“ McLoughlin v Oā€™Brien

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23

The mental injury suffered must be caused by shock.

last stage

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24

Sion v Hampstead Health Authority

The mental injury suffered must be caused by shock - watching son fall into a coma over a fortnight was not 'shock'. (5)_

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25

Hale v London Underground

A fireman who developed PTSD after the King's Cross fire was a primary victim.- rescuers

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26

White v CC South Yorkshire Police

No special category for rescuers - treated as primary victims. A police officer at Hillsborough was not within the zone of danger so was not a primary victim.

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