Plaintiff might suffer a psychiatric illness as a result of the defendant's negligence. (c) The defendant causes the death, injury or imperilment of a person other than the plaintiff, and the plaintiff can establish sufficient proximity.The principles of the tort of negligence. And what is a "normal person in the plaintiff's position? In many jurisdictions, this rule is known as the "impact rule" and it requires some physical injury before negligence liability may attach. If he is unahle to do so. Thus, the defendant will not be liable unless psychiatric injury is foreseeable in a person of normal health. Professional Negligence 18. 11. 43.