Liability in Negligence for Injury to People and Damage to Property: Negligence - Psychiatric Damage Flashcards

1
Q

What is psychiatric damage?

A
  • Injury to the mind rather than the body
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2
Q

What is psychiatric damage sometimes referred to as?

A
  • Nervous shock
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3
Q

What must claimants show in order to sue for psychiatric damage?

A
  • They must show, using medical evidence that they have a recognised psychiatric injury
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4
Q

Will claimants succeed in a claim for normal grief or distress?

A
  • No
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5
Q

What is a primary victim? (2)

A
  • A person who either suffers physical injury as a result of another person’s negligence OR
  • Where it is reasonably foreseeable that they could have been injured and as a result they suffered a psychiatric injury
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6
Q

What is a secondary victim? Is this the only condition?

A
  • A person who suffers psychiatric injury as a result of another person’s negligence but was not exposed to danger
  • There are several other conditions which need to be met in order to be classified as a secondary victim
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7
Q

Give a key case for psychiatric injury

A
  • Alcock v CC of South Yorkshire Police (1992)
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8
Q

What did Alcock v CC of South Yorkshire Police (1992) concern? What did the plaintiffs claim for?

A
  • Concerned claims made by 10 plaintiffs brought against the South Yorkshire Police
  • All 10 claimed damages for nervous shock resulting in psychiatric illness (Hillsborough Disaster)
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9
Q

In Alcock v CC of South Yorkshire Police (1992), what conditions were set up to determine whether or not someone can be classed as a secondary victim? (2) What must be proved?

A
  • A claimant must witness or hear the event with their own unaided senses or view its immediate aftermath
  • The claimant must usually show a sufficiently proximate relationship to the victim
  • It must be proved that it was reasonably foreseeable that the claimant would suffer psychiatric damage
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10
Q

A sufficiently proximate relationship is presumed to exist between whom? What does this mean for other relations?

A
  • Parent/child and spouses/fiances

- other relations must prove their ties of love and affection

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11
Q

What does reasonable foreseeability depend on in terms of secondary victims?

A
  • Establishing a sufficiently proximate relationship
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12
Q

In Alcock v CC of South Yorkshire Police (1992) , what did the House of Lords say about unconnected bystanders?

A
  • A person with no sufficiently proximate relationship may be classed as a secondary victim in exceptional circumstances
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