Law of Torts
Topic 5 – Psychiatric Harm and
Nervous Shock
,In this session:
• Psychiatric Injury (“Nervous Shock”)
• Defining Psychiatric Injury
• Primary v Secondary Victims
• Beyond Primary and Secondary
• Critiquing Nervous Shock Rules
,What is psychiatric harm?
Harm to one’s mental wellbeing caused by a negligent act
Must be a recognized psychiatric issue
Difficulties of proof of harm, extent of harm, balancing fairness between
defendant and claimant
Unlike physical harm, extra limits are recognized
, Special Duty Problem
This is another variant of special duty problem, meaning that we are
discussing whether the defendant owes a duty of care in relation to the
particular events.
In most psychiatric cases, if the duty is established, breach and causation
will probably be easy to establish.
Topic 5 – Psychiatric Harm and
Nervous Shock
,In this session:
• Psychiatric Injury (“Nervous Shock”)
• Defining Psychiatric Injury
• Primary v Secondary Victims
• Beyond Primary and Secondary
• Critiquing Nervous Shock Rules
,What is psychiatric harm?
Harm to one’s mental wellbeing caused by a negligent act
Must be a recognized psychiatric issue
Difficulties of proof of harm, extent of harm, balancing fairness between
defendant and claimant
Unlike physical harm, extra limits are recognized
, Special Duty Problem
This is another variant of special duty problem, meaning that we are
discussing whether the defendant owes a duty of care in relation to the
particular events.
In most psychiatric cases, if the duty is established, breach and causation
will probably be easy to establish.
