Pysch injury

marigoldafonso's version from 2016-04-21 08:04

Section 1

Question Answer
Sion v Hampstead Healthaccumulation not enough, must be sudden shock
Primary Vsomeone in physical danger
Secondary Vsuffered psych damage as a result of witnessing injury to others
Primary v 2- was exposed to reasonably foreseeable physical injury - was caused to fear reasonably foreseeable physical injury
McFarlane v EE CaledoniaIf physical injury is foreseeable, D is liable for any PI whthr physical or psychiatric which C suffers as a result. NO need for reasonable fortitude, take V as found
Bourhill v Youngpsych harm reasonably foreseeable
Page v SmithMust establish harm over and above ordinary grief and distress

Section 2

Question Answer
Secondary Vno liability unless it was foreseeable that a person of reasonable fortitude might reasonably have suffered psychiatric illness
Alcock v CC S Yorkshire1. Recognised psych injury caused by sudden shock; close ties with V; at the scene or immediate aftermath 8/9 hours later insufficient
Requirementsmust have viewed with own eyes, not told by 3rd party, tv won't normally work unless simultaneous broadcast
RescuersChadwick, Alcock - rescuers subject to same rules as secondary