Liability for Psychiatric injury and economic loss

Can Psychiatric harm be recoverable in a negligence action? This depends on the question of duty Why is it not established if Psychiatric harm be recoverable in a negligence action? because it is a type of loss that gives rise to very significant policy concerns. To claim for psychiatric illness, claimant must show that they suffered.. 1. a medically recognised psychiatric illness, or a shock -induced physical condition such as a heart attack 2. consider what category of claimant your clai...

What is Psychiatric Injury Severe, long-term mental injury What have judges done developed policy reasons to restrict the number of claims, especially by secondary victims What is the first step 1. D was negligent and caused injury What is the second step 2. C has suffered a recognised psychiatric illness What is the case and rule for the second step Reilly v Merseyside RHA - must be a recognised psychiatric illness, supported by medical evidence What must it be? More than mere shock ...

Damages If a claimant successfully proves a negligent act or omission by another (D) they will be able to claim damages for: - Any physical injury suffered - Any damage to their property Pure economic loss A claimant will not be able to claim for what is called pure economic loss e.g. loss of profits. However, there is an exception to the rule if the claimant was relying on a negligent misinterpretation. Spartan Steel v Martin and Co. Ltd (1973) An electric power cable outside the claiman...

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 purs...

What four things can be claimed for in tort? - Physical injury - Damage to property - Economic loss - Psychiatric injury What is economic loss? Financial loss and damage suffered by a person such as can only be seen on a balance sheet rather than a physical injury to the person or destruction of property Can you claim for pure economic loss? No, if the financial loss is not related to a personal injury or damage to property, no duty of care is owed to avoid causing another to suffer this...

what is economic loss? financial loss what is consequential loss? This provides compensation for businesses which suffer loss of earnings due to an unforeseen event. example of consequential loss? if a contractor fails to complete a construction project on time, the client may suffer consequential losses in terms of lost revenue from delayed operations what is pure economic loss? economic or financial loss which is not caused by personal injury or damage to other property --> this wil...

what is pure economic loss? loss made financially by a business while it is unable to operate - requires a special relationship between the parties as there is no contract in place Spartan Steel v Martin there is no liability for pure economic loss caused by negligent acts what is a negligent misstatement? an inaccurate statement made honestly but carelessly Hedley Byrne v Heller a claim could be made if: 1. the statement was made negligently, and 2. there is a special relationship bet...

If claimant proves negligent act from defendant they can claim.... Any physical injury suffered Damages to their property Loss caused by negligent acts No liability for pure economic loss More of a problem to contract law not tort States in Spartan Steel v Martin (1973) An electric power cable outside the C's factory was cut negligently by D's workers. This caused the factory to be closed for several hours. A 'melt' in the furnace at the time had to be destroyed to stop it fr...