Law of Tort
26th October 2022
Negligence: Nervous Shock (Psychiatric Injury)
Distinction between distress and nervous shock:
DISTRESS – No compensation for grief and distress.
NERVOUS SHOCK (Psychiatric Harm) – Must suffer from a recognised psychiatric illness, and
it must be such that a person of ordinary phlegm would be affected.
- (E.g) Clinical depression, PTSD, Pathological grief disorder.
History of Nervous Shock:
Courts originally reluctant to accept claims for nervous shock:
- Not believing people could suffer from it
- Flood of fraudulent claims
- Flood of genuine claims
Claims were gradually allowed if someone suffered physical injury and nervous shock.
Gradually allowed if someone was put in fear of injury leading to nervous shock. (PRIMARY
VICTIM.)
DULIEU V WHITE (1901)
Horse drawn carriage crashed into a pub and even though barmaid was not physically hurt, she
suffered a miscarriage because of the fear.
Held: No need for physical impact if the claimant was put in fear for their own safety and as
a result suffered nervous shock.
Therefore D was liable.
Third development (Secondary Victim): If someone suffered nervous shock even though they were
not put in physical danger.
HAMBROOK V STOKES (1925)(CA)
WH?
There could only be liability if the claimant saw or head the event with their own senses
rather than what they had been told.
D was liable
26th October 2022
Negligence: Nervous Shock (Psychiatric Injury)
Distinction between distress and nervous shock:
DISTRESS – No compensation for grief and distress.
NERVOUS SHOCK (Psychiatric Harm) – Must suffer from a recognised psychiatric illness, and
it must be such that a person of ordinary phlegm would be affected.
- (E.g) Clinical depression, PTSD, Pathological grief disorder.
History of Nervous Shock:
Courts originally reluctant to accept claims for nervous shock:
- Not believing people could suffer from it
- Flood of fraudulent claims
- Flood of genuine claims
Claims were gradually allowed if someone suffered physical injury and nervous shock.
Gradually allowed if someone was put in fear of injury leading to nervous shock. (PRIMARY
VICTIM.)
DULIEU V WHITE (1901)
Horse drawn carriage crashed into a pub and even though barmaid was not physically hurt, she
suffered a miscarriage because of the fear.
Held: No need for physical impact if the claimant was put in fear for their own safety and as
a result suffered nervous shock.
Therefore D was liable.
Third development (Secondary Victim): If someone suffered nervous shock even though they were
not put in physical danger.
HAMBROOK V STOKES (1925)(CA)
WH?
There could only be liability if the claimant saw or head the event with their own senses
rather than what they had been told.
D was liable
