Nervous Shock
- Created by: SamPerfitt1
- Created on: 29-03-18 10:11
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- Nervous Shock
- Definition
- A claimant must prove that they are suffering from a medically recognised illness
- A doctor must certify it
- What is medically recognised?
- PTSD, Profound Grief, Acute depression (there are other examples)
- Vernon V Bosely 1997
- PTSD, Profound Grief, Acute depression (there are other examples)
- What is not medically recognised?
- Insomnia
- Reilly v Merseyside Health Authority 1994
- Claus-trophobia
- Reilly v Merseyside Health Authority 1994
- Insomnia
- Clamants
- Victims suffering Physical or Psychiatric injury
- Automatic claims
- Primary Victims
- Must prove they feared for their own safety
- Dulieu v White and sons 1901
- Have medically recognised illness
- Type of Harm is foreseeable
- Dulieu v White and sons 1901
- Have medically recognised illness
- Type of Harm is foreseeable
- Must prove they feared for their own safety
- Rescuers
- The law regarding rescuers suffering nervous shock while helping at the scene of an accident allows a claim if the claimant was in personal danger
- Hale v London Underground 1992
- The law regarding rescuers suffering nervous shock while helping at the scene of an accident allows a claim if the claimant was in personal danger
- Secondary Victims
- Secondary victims fear for others. They are not in any physical danger, and the court is therefore more reluctant to allow their claims for nervous shock
- Alcock v Chief Constable of South Yorkshire 1991
- Created the Alcock test
- Shock caused by unaided senses
- Present at scene or immediate afteramth
- McLoughlin v O'Brian 1983
- Close ties
- Parent and child, Husband and Wife
- Created the Alcock test
- Alcock v Chief Constable of South Yorkshire 1991
- Secondary victims fear for others. They are not in any physical danger, and the court is therefore more reluctant to allow their claims for nervous shock
- Victims suffering Physical or Psychiatric injury
- Definition
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