levo

Negligence

Psychiatric Injury: Primary and Secondary Victims

  • 3 things to know
  • Paper 2

Overview

Recall questions on what a primary victim must show, what Page v Smith established and the Alcock control mechanisms for secondary victims.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

What must a primary victim establish to recover for psychiatric injury?

Key term

What does the Alcock control mechanism require regarding the secondary victim's location relative to the accident?

Key term

What policy factor relating to evidence restricts liability for psychiatric injury?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does psychiatric injury mean in the context of negligence claims?

    Model answer

    A medically recognised psychiatric illness, not mere grief, distress or emotional upset.

  2. 2

    How is a primary victim defined in psychiatric injury claims?

    Model answer

    Someone who was within the zone of physical danger created by the defendant's negligence or who reasonably believed themselves to be.

  3. 3

    How is a secondary victim defined in psychiatric injury claims?

    Model answer

    Someone who suffers psychiatric injury as a result of witnessing injury or danger to another person caused by the defendant's negligence.

  4. 4

    What must a primary victim establish to recover for psychiatric injury?

    Model answer

    That physical injury was foreseeable; they do not need to prove that psychiatric injury itself was foreseeable.

  5. 5

    What did Page v Smith establish about primary victims and psychiatric injury?

    Model answer

    That a primary victim can recover for psychiatric injury if physical injury was foreseeable, even if no physical injury actually occurred.

  6. 6

    What must secondary victims satisfy to establish a duty of care for psychiatric injury?

    Model answer

    The Alcock control mechanisms.

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