BUS-294 Lecture Notes - Lecture 15: Nervous Shock In English Law, Eggshell Skull, Hillsborough Disaster
20 Jun 2020
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The terminology of nervous shock emphasised that the key element was the idea that a claim for psychiatric harm required the sudden shock of witnessing or participating in a specific single event. Dulieu v. white and sons (1901) case of pregnant barmaid. Cart crashed into a pub and caused woman to go into premature labour. Although the position in modern law is far from clear it is generally felt that the element of a sudden shock remains an influential factor. You can recover for physical injury caused by a reasonable fear of being injured by the defendants negligence. Recovery for psychiatric illness due to fear of safety of children. A individual frightened by a speeding truck that she saw about to hit her children. There is no duty of care owed to road users who witness accidents. Someone witnessed a road accident, no relationship to victim.
