Psychiatric damage

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  • Created by: Sahar
  • Created on: 03-02-15 15:17

Psychiatric damage/harm

1- MUST be a recognised psychiatric illness: 

Nervous shock, post traumatic stress disorder, severe depression, pathalogical grief disorder-Vernon.

Grief, distress,, fright not included- Reilly- discomfort in lift

2- Primary Victim- at the scene     Rescuers must be primary victims, Hale-fireman 

Dulieu v white and sons- 'reasonable fear of immediate personal injury to oneself' 

Injured: Simmons- employer liable for damages at work place 

Not injured but threatened: Page v Smith- pvs only need to show some kind of physical injury was foreseeable. Secondary victims need to show personal injury WAS foreseeable, 'eggshell personality' applies.

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Psychiatric damage/harm

Secondary Victim- witnessed event or immediate aftermath Alcock v CCSY

Hillsborough rules:

1-Close tie of love and affection- immediate family, Bourhill v Young- bystander

2-Proximity in time and space- at scene or immediate aftermath McLoughin v O'Brien- before clean up

3-must witness the incident with own unaided senses, tv, phone, radio not included

Personal injury must be induced by sudden shock- cannot be over days- Sion -14 days

Primary victim cannot owe a duty to secondary victim

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