Psychiatric Injury and Duty of Care in Negligence Law

What is a recognized psychiatric condition mentioned in the notes?

Conditions such as anxiety, depression, and PTSD.

What distinguishes psychiatric conditions from mere emotions?

Psychiatric conditions are recognized as conditions requiring duty, breach, and damage, unlike emotions such as grief or hysteria.

What are the two types of victims in negligence cases involving psychiatric injury?

Primary victims and secondary victims.

Who are considered primary victims?

People directly affected by the negligent act or those in the zone of danger.

What case established that primary victims do not need to show that psychiatric injury was reasonably foreseeable?

Page v Smith.

What defines secondary victims in negligence cases?

Those who suffer psychiatric injury due to witnessing an event or its immediate aftermath.

What are the Alcock control mechanisms for secondary victims?

1. Close tie of love and affection with the victim. 2. Proximity to the event or its immediate aftermath. 3. The event must be shocking and sudden.

What is presumed for spouses in terms of the close tie of love and affection?

It is presumed; for others, it must be proved.

What is required for proximity in secondary victim claims?

The claimant must be physically near the location of the traumatic event or witness its consequences within a certain timeframe.

What timeframe is relevant for witnessing the consequences of a traumatic event?

Witnessing within 2 hours, as established in McLoughlin.

What characteristics must the event have to qualify as shocking and sudden?

It must be traumatic and unexpected, not resulting from medical negligence.

What does it mean for a person of reasonable fortitude in the context of psychiatric injury?

It refers to a person with reasonable mental resilience who would suffer psychiatric injury from the event.

Can the development of psychiatric injury occur over time?

Yes, it need not be sudden.

What senses must a claimant use to witness the event or its aftermath?

They must witness it with their own unaided senses, such as sight or hearing.

How are rescuers treated in terms of primary and secondary victims?

If they put themselves in the zone of danger, they are treated as primary victims; otherwise, they are secondary victims.

What case illustrates that rescuers in the zone of danger are treated as primary victims?

Chadwick v British Transport.

What happens if bystanders witness an event but do nothing to help?

They are treated as secondary victims and cannot claim for psychiatric injury unless they satisfy the Alcock criteria.

What case established that defendants are not responsible to the 'world at large'?

McFarlane.

What additional elements must be considered if there is a duty of care?

Breach and damage.

What are some defenses available in negligence cases?

Consent and contributory negligence.

What types of damages are mentioned in the notes?

Special and general damages.