Nervous Shock case law

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  • Nervous Shock
    • Primary Victims.
      • Present at the scene and in risk of injury - Dulieu v White
      • Physical injury forseeable can claim and unforeseeable Psychiatric injury - Page v Smith, Donachie v Chief Constable of Greater Manchester
    • Secondary Victims.
      • Need to prove; Close ties of love and affection to Primary Victim, Close to accident in space and time, must be through unaided senses - Alcock v Chief Constable of South Yorkshire.
      • Must be in immediate aftermath - McLoughlin v O'Brian, Galli-Atkinson v Seghal
      • Must be through unaided senses - Boylan v Kegan
      • Must also prove it being a sudden event and need reasonable fortitude
      • Need of close ties of love and affection - Robertson and Rough v Fourth Road Bridge Joint Board
    • Bystanders
      • By standers are not owed a duty of care if they only suffer from Psychiatric harm.
      • Need sufficient fortitude - Bourhill v Young, McFarlane v EE Caledonia Ltd
    • Rescuers.
      • They were originally protected - Chadwick v British Railway Board
      • No longer protected catergory - White v Chief Constable of South Yorkshire
      • Shows inconsistency - Duncan v British Coal was not held
        • Hale v London Underground was held
    • Anomalies.
      • Unaided senses was ignored in W v Essex
      • Primary victim does not owe Secondary Victim a duty to not cause Psychiatric harm
      • Close ties of love and affection to a house - Attia v British Gas
      • Deceast fell out of herse, held - Owen v Liverpool Corp
    • Psychiatric harm.
      • Must be more than grief, pathological was held - Vernon v Bosley
      • Must be from the negligent act and nothing else - Calascione v Dixon
      • Must be a long term recognised psychiatric illness - Reilly v Merseyside Regional HA
      • Must be a sudden shocking event
        • Tredget v Bexley HA - 2 days was held
        • Sion v Hampstead HA - 14 days was not held

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