- Created by: Elliiphant
- Created on: 16-06-15 16:51
The alleged injury must confirm to judicial attitudes of what constitutes a recognised medical disorder (Hinz v Berry)
The person who is claiming to have suffered nervous shock must be in a category entitled to claim...
They are someone who is injured or fears that they themselves will be injured. Primary victims fall into two categories. Those who were directly involved in the accident and rescuers.
Those directly involved in this accident...
Page v Smith: psychiatric harm does not need to be foreseeable but some harm must have been foreseeable.
Donachie v Stevenson: you can suffer psychiatric injury without an accident, as long as someones negligence has made you fear for your own safety.
Chadwick: he put himself into danger when he was resuing and so feared for his own safety.
A secondary victim is someone who is not in…