Nervous Shock in Torts
Nervous Shock in Torts
1. What is Nervous Shock?
Nervous shock refers to a psychiatric injury or mental distress caused by witnessing or experiencing a traumatic event.
It is recognized as a compensable injury in tort law, but courts are cautious in awarding damages for it.
Often categorized as “mental shock” or “psychiatric harm.”
2. Key Features
| Feature | Description |
|---|---|
| Type of harm | Mental or emotional injury, not physical harm. |
| Causation | Usually caused by witnessing injury or death, or by negligent acts causing emotional distress. |
| Recognized Injury | Must be a recognized psychiatric illness (e.g., PTSD, severe anxiety), not mere grief or sorrow. |
| Foreseeability | The harm must be a foreseeable consequence of the defendant’s negligence. |
3. Legal Recognition
Courts recognize nervous shock as a valid cause of action if the claimant suffers a medically recognized psychiatric illness due to the defendant’s negligent act.
Mere emotional upset or grief is not enough for a claim.
4. Categories of Claimants
Primary Victims
Persons directly involved or injured in the accident or negligent act.
Example: A person injured in a car accident may claim for nervous shock caused by the trauma.
Secondary Victims
Persons who witness or are closely related to the primary victim and suffer psychiatric injury as a result.
Usually must satisfy certain criteria (see Alcock v. Chief Constable of South Yorkshire below).
5. Leading Case: Alcock v. Chief Constable of South Yorkshire (1991)
Concerned the Hillsborough disaster, where many spectators suffered psychiatric harm after witnessing the event.
Court laid down strict criteria for secondary victims to claim nervous shock:
Close tie of love and affection with primary victim.
Proximity in time and space to the traumatic event.
Psychiatric injury must result from direct perception of the event or its immediate aftermath.
6. Requirements for Claiming Nervous Shock
| Requirement | Explanation |
|---|---|
| Recognized psychiatric injury | Must be diagnosed by medical experts. |
| Close relationship | Secondary victims usually must have a close relationship with the primary victim. |
| Proximity | Physical closeness to the accident or event. |
| Direct perception | Must have directly witnessed the event or its immediate aftermath. |
| Foreseeability | Defendant should reasonably foresee that such harm could result. |
7. Examples
| Scenario | Claimant’s Status | Claim Possible? |
|---|---|---|
| Injured in a car crash | Primary victim | Yes |
| Spouse witnessing spouse’s injury | Secondary victim | Yes, if criteria met |
| Remote relative hearing about accident | Secondary victim | Usually no |
| Mere grief over a stranger’s accident | No | No |
8. Importance
Recognizes the serious impact of mental health injuries caused by negligence.
Balances compensation for genuine psychiatric harm while limiting frivolous claims.
Ensures fairness in tort law by extending duty of care to emotional well-being.
Summary Table
| Aspect | Nervous Shock in Torts |
|---|---|
| Nature of harm | Psychiatric/mental injury |
| Claimants | Primary and secondary victims |
| Key requirement | Recognized psychiatric illness |
| Leading case | Alcock v. Chief Constable of South Yorkshire |
| Limitation | Strict criteria for secondary victims |
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