A-Level Law - Psychiatric damage

Psychiatric damage

Recognised mental illness

Excludes - Grief, emotional distress or ordinary shock

Primary victims

Someone who is injured or fears injury and suffers psychiatric harm

Types of primary victims

Those involved in the accident - May claim even if no physical harm was caused

( Page v Smith)

Rescuers - Must attend the scene and fear for their own safety

McFarlane v Caledonia - Didn’t fear 

Chadwick v BRB - Did fear

Secondary vicims

someone who was not in personal physical injury but witnessed it or its immediate aftermath

Alcock rules

Close tie of love and affection - Bourhill v Young

Close in time and space - Galli Atkinson

Perceived with own senses

Caused by sudden shock - Walters v North Glamorgan NHS

V was of reasonable fortitude

Galli-Atkinson v Seghal

Present when emergency services arrived - Sufficiently close in time/space

Sion v Hampstead

Couldn’t claim as PD wasn’t caused by a sudden shock

Walters v Glamorgan NHS

Could claim as whole deal was treated as a single event