LIABILITY FOR ECONOMIC
LOSS AND PSYCHIATRIC INJURY
QUESTIONS AND THEIR VERIFIED
SOLUTIONS
What is psychiatric injury?
Mental harm caused by D's careless conduct
What is the threshold for psychiatric injury?
More than slight fright, upset or tenseness
What is required for a successful claim of psychiatric
injury?
Diagnosis by a psychiatrist of a recognised condition
What happens when physical injury is sustained with
psychiatric injury?
Damages awarded for psychiatric injury
Why is psychiatric injury awarded in cases of physical
injury?
Reasonably foreseeable that the pursuer might suffer
mental harm
What is a primary victim?
Pursuer within the area of potential physical harm
What is the duty of care owed to a primary victim?
Prevent physical or psychiatric harm
What distinguishes Rothwell v Chemical and
Insulating Co Ltd from Page v Smith?
Pleural plaques had no risk of future diseases or anxiety
, What is required for a successful claim of direct
psychiatric injury?
Reasonably foreseeable and actually sustained + pursuer
known to be susceptible
What is the duty of care owed by the defendant to the
victim?
To take reasonable steps to protect from foreseeable
risks.
What does foreseeability depend on?
What the defendant knew or ought to know about the
victim.
What is required for a claim if direct psychiatric injury
was sustained?
Fear proved to have produced physical effects.
Is there a requirement for psychiatric injury to be
caused by a sudden shock?
No, reasonable fortitude test applies.
What is required for a claim if indirect psychiatric
injury was sustained?
It must be both reasonably foreseeable and sustained.
How is a secondary victim determined?
Test may be whether victim was within area of potential
physical harm.
Do witnesses of death constitute primary victims if
they were not in physical danger?
No.
Is there a duty of care owed to prevent rescuers from
suffering mental harm?
No, unless they are also in potential physical danger.
Were rescuers previously able to recover without
fulfilling the Alcock criteria?
LOSS AND PSYCHIATRIC INJURY
QUESTIONS AND THEIR VERIFIED
SOLUTIONS
What is psychiatric injury?
Mental harm caused by D's careless conduct
What is the threshold for psychiatric injury?
More than slight fright, upset or tenseness
What is required for a successful claim of psychiatric
injury?
Diagnosis by a psychiatrist of a recognised condition
What happens when physical injury is sustained with
psychiatric injury?
Damages awarded for psychiatric injury
Why is psychiatric injury awarded in cases of physical
injury?
Reasonably foreseeable that the pursuer might suffer
mental harm
What is a primary victim?
Pursuer within the area of potential physical harm
What is the duty of care owed to a primary victim?
Prevent physical or psychiatric harm
What distinguishes Rothwell v Chemical and
Insulating Co Ltd from Page v Smith?
Pleural plaques had no risk of future diseases or anxiety
, What is required for a successful claim of direct
psychiatric injury?
Reasonably foreseeable and actually sustained + pursuer
known to be susceptible
What is the duty of care owed by the defendant to the
victim?
To take reasonable steps to protect from foreseeable
risks.
What does foreseeability depend on?
What the defendant knew or ought to know about the
victim.
What is required for a claim if direct psychiatric injury
was sustained?
Fear proved to have produced physical effects.
Is there a requirement for psychiatric injury to be
caused by a sudden shock?
No, reasonable fortitude test applies.
What is required for a claim if indirect psychiatric
injury was sustained?
It must be both reasonably foreseeable and sustained.
How is a secondary victim determined?
Test may be whether victim was within area of potential
physical harm.
Do witnesses of death constitute primary victims if
they were not in physical danger?
No.
Is there a duty of care owed to prevent rescuers from
suffering mental harm?
No, unless they are also in potential physical danger.
Were rescuers previously able to recover without
fulfilling the Alcock criteria?
