Nervous Shock

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Nervous Shock
A recognised pychiatric disorder that arises from a shock of an incident and has long term effects.
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Reilly v Merseyside
Claimants got stuck in lift, suffered panic attack due to being clustrophobic and tried to sue but court held that claustrophia is not a psychiatric injury but rather a normal human emotion.
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Tredget v Bexley AHA
A baby born with injuries due to medical negligence & died 2 days later & parents suffered nervous shock and sued. AHA stated this was normal human emotion but court held AHA liable and C's received damages. (POLICY)
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Vernon v Bosley
Case established that one can claim for ordinary human grief/emotion as long as it is linked to a psychiatrci injury e.g. depression.
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Primary Victim
Person who is present at the seen, either injured or at risk of being injured.
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Secondary Victim
Someone who is present at the scene or its immediate aftermath & with a close tie of love & affection to primary victim & having seen or heard traumatic event with own unaided senses.
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Aftermath
McLoughlin v O'Brian stated that this canm be anything upto 2 hours.
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Claims based on foreseeability-Dulieu v White
D, pregnant women working behind bar when W ran his van & horses through window & this lead to premature death of baby.W liable even though no physical injury as some damage was foreseeable.
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Claims based by those who witnessed events by close family memebers & fearing their safety-Hambrrok v Stokes
H saw S's lorry out of control after she dropped her kids off & feared for her kids safety. Later told that a kid fitting description of her child might have been injured. H died. Considered fair to give damages to a mother who feared for her kids.
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Claimants could also include those who suffered shock from see an accident but not related to them & fearing for victim's safety-Dooley v Cammell
Crane driver claimed successfully for n.shock when he saw a load fall and thought that workmates were injured.
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Last development was more like a restriciton stating that C had to be in area of impact or shock- Bourhill v Young
B got off tram after hearing impact of an accident. This happened 40m away on side of tram & outside of her vision. B went ot site & claimed she suffred n.shock but failed as she was not in area of impact=no danger to her.
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Nervous Shock may result from damage to property- Attia v British Gas
Mrs A saw her house burn down when she arrived & suffered shock. Successful as she was in area of impact& damage reasonably foreseeable by contractors who installed heating. (ANOMALY CASE)
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Restriction on law relating to nervous shock-Alcock v CC of South Yorkshire
Set out definition of a secondary vicitim to reduce claimants. (See above for definition of s.victim)
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Claimants LIKELY to succeed
Primary victims who don't need to suffer physical injury & enough to be present at scene or be at risk of harm & it does not matter that the C is more at harm of developing the shock than others & this is know as think skull rule.
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Page v Smith
P in accident caused by S's negligence. P=no physical injuries but suffered ME. Successful as ME psychiatric injury. A secondary victim unlikely to have succeeded as they are expected to sgho
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Card 2

Front

Claimants got stuck in lift, suffered panic attack due to being clustrophobic and tried to sue but court held that claustrophia is not a psychiatric injury but rather a normal human emotion.

Back

Reilly v Merseyside

Card 3

Front

A baby born with injuries due to medical negligence & died 2 days later & parents suffered nervous shock and sued. AHA stated this was normal human emotion but court held AHA liable and C's received damages. (POLICY)

Back

Preview of the back of card 3

Card 4

Front

Case established that one can claim for ordinary human grief/emotion as long as it is linked to a psychiatrci injury e.g. depression.

Back

Preview of the back of card 4

Card 5

Front

Person who is present at the seen, either injured or at risk of being injured.

Back

Preview of the back of card 5
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