Psychiatric Harm

What is the definition of psychiatric harm (with cases)

A long term medically recognised psychiatric condition (Reilly v Merseyside HA)

Medical evidence is required and anxiety or grief is not sufficient (Vernon v Bosley)

What must be decided after the definition

Whether the claimant is a primary or secondary victim (Page v Smith)

What are primary victims

People who are actually injured/at risk of being injured and fear for their own safety while in the danger zone (Dulieu v White)

What are secondary victims

People who fear for someone else's safety and are not at risk of physical injury (McLoughlin v O'Brian)

What are the rules for rescuers

No special rules

Anyone can be a rescuer

May be a primary victim if they put themselves at risk of physical injury (Chadwick v BRB)

What test is used for primary victims

Caparo test

What test is used for secondary victims

Alternate Caparo test

What are the three elements of the Caparo test

Foreseeability (Kent v Griffiths)

Proximity (Bourhill v Young)

Policy (Hill v CCWY Police)

How to test for foreseeability for secondary victims

Psychiatric harm must be reasonably foreseeable to a person of normal phlegm and fortitude as a result of the defendant's actions (Page v Smith)

What is set out by Alcock for secondary victims

Control mechanisms

What is needed for proximity for secondary victims

1) Close ties of love and affection

2) Claimant present at the accident or at the immediate aftermath

3) Own unaided senses

4) Condition brought on rapidly

What relationship is needed to make psychiatric harm foreseeable

Close ties of love and affection

Parent child and spouse relationships qualify but all other relationships must be proven (Alcock)

What do the courts consider for proximity to the accident in time and space

The amount of time passed since the event

The purpose of the claimant's visit

What the claimant witnessed

What must the claimant be present at

The scene of the accident OR the immediate aftermath

What counts as the immediate aftermath

Two hours after the incident to go to the hospital to care for a loved one (McLoughlin v O'Brian)

What doesn't count as the immediate aftermath

Eight hours after the incident to identify their family member's body (Alcock)

What must sudden shock be caused by

Witnessing the events first hand with unaided senses (Boylan v Keegan)

What is not enough for unaided senses

Witnessed the event on television (Alcock)

What must the psychiatric harm be a result of

Sudden shock due to the incident (Alcock)

Does the psychiatric harm have to be sudden

Yes (Sion v HHA)

What does the rest of the essay consist of after identifying Caparo for witnesses

Normal general negligence essay