10/12/2016

Law (LLB) Lecture Notes: Law of Torts Nervous

Shock

Law (LLB) Lecture Notes

Law of Torts Nervous Shock
Nervous shock has no definite definition. It is known as any
recognizable psychiatric illness caused by the breach of Duty by
the defendant. Please refer to the case of Hinz v Berry. It is not
ordinary grief sorrow or anxiety which occurs in normal incidents in
life.
Development of Nervous Shock
Initial Stage
After the earlier stage the courts
shock because

rejected

liability

for nervous

i. It is difficult to diagnosis not like physical injury

ii. It is normal for human to be exposed to such
shock
Victoria Railway Comm v Coultas
mere sudden
unaccompanied by physical injury cannot claim.

shock

Delieu v White
Nervous Shock produced by fear of immediate
physical injury to oneself can claim.
First Expansion
Court develop that damages for nervous shock can be claimed if it is
reasonably foreseeable that someone closely connected to victim will
suffer nervous shock.

http://llbnotes.blogspot.m y/2009/03/lawoftortsnervousshock.html

Bourhill v Young
a pregnant
lady after alighting from a
tramcar hear noise of collision
and after the accident she
went to the spot, saw blood
spot and got shock. Court
denied her claim because it was
not reasonably
foreseeable
that someone not closely
connected to the victim would
suffer nervous shock.
Hambrook v Stones Bros.
a mother succeeded in
recovering damages for nervous
shock produced not for her own
safety but for her childrens
safety. A lorry without driver
running down near her children
and she got shock because did
not see her child.

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Zainab Bt Ismail v Marimuthu & Anor a mother saw her daughter was runned down by a lorry. It was held that it
is reasonably foreseeable that the mother will suffer shock and awarded the claim. The only local reported cases.
Second Expansion
Ear Shot Doctrine
Near relatives who might not have witnesses the accident but was within earshot (vicinity) and likely to come upon
the scene. In such a situation the claimant can claim for nervous shock.
Broadman v Sanderson
D injured a young boy while negligently backing his car out of a garage. The father heard
scream and ran to his son to rescue him. Successfully claim.
Hinz v Berry
claim.

a mother witnesses a horrifying and tragic accident to her family from the other side of the road can

Third Expansion
Aftermath Doctrine
Witnessed the immediate aftermath of an accident in the hospital and suffers nervous shock can recover claim because it
is reasonably foreseeable the consequence of Ds negligence even though it is not within the sight and hearing.
Mc Loughlin v OBrian a mother who stay 2 mile away who heard an accident of her family from neighbor went to
hospital and saw her daughter has died and other children and her husband was upset with the death. She suffers
nervous shock. House of Lords awarded the claim. The above ruling was made.
Jaensch v Coffey P suffered nervous shock after seeing the effect of an accident on her husband at hospital. She was
awarded damages. The court further held that immediate aftermath includes:
i. being at the scene after accident. ii. Seeing treatment at hospital. Further
Development
Witnessing events on television at home or heard from radio. The House of Lord rejected such claim it does not
satisfy the requirement of proximity. However it is not totally ruled out.
Alcock v Chief Constable of the South Yorkshire Police
P (16)
people suffered nervous shock in the aftermath of a tragedy which
occurred at a stadium where 95 spectators were crushed to death and over 400 were injured at a major football
match. The disaster was covered life in radio and tv.
i. Some watched the incident from other side of scene. ii. Some watched in TV at home.
iii. Other heard from radio or from friends or recorded pictures in TV.
Trial Judge allows the first 2 claimants but rejected the third one. In the Court of Appeal: on the issue of witnessing
event in TV was dismissed the claim because it does not satisfy the requirement of proximity. But on appeal the
House of Lord dismissed all the claims.