This document summarizes the present law on nervous shock in three elements that a plaintiff must prove: 1) That the plaintiff is suffering from a positive psychiatric illness rather than mere grief, and the thin skull rule applies so preexisting conditions don't prevent recovery. 2) That the plaintiff's psychiatric illness was reasonably foreseeable and the proximity factors are satisfied, initially only for close family but now extended to other close relationships. Bystanders in a catastrophic event may also recover. 3) That the plaintiff's psychiatric illness was caused by the defendant's breach of duty, and proximity in time and space to the accident is required, such as witnessing the immediate aftermath or rescue efforts, but not learning of it

1. PRESENT LAW ONPRESENT LAW ON
NERVOUS SHOCKNERVOUS SHOCK
ELEMENTS OF NERVOUS SHOCK
THAT THE PLAINTIFF MUST PROVE
That the Plaintiff is suffering from
positive psychiatric illness and not
mere grief, sorrow and anxiety
Hinz v Berry
Thin Skull Rule
i. In claim for Nervous
Shock, the principle that
the defendant must take
his victim as he finds him
is not applicable.
ii .The victim of nervous
shock must not be unduly
sensitive and he must be
of normal emotional fibre.
Boruhill v Young
iii. in certain
cirsumstances P still can
recover if he predispose
to mental illness if he can
show that he was living a
normal life just b4 the
disaster
Jaensh v Coffey.
Shock as a result of
threteaned accident
P still can claim
Dooley v Cammell
Laird & Co. Ltd.
( P was a crane
driver .He suffer N. S
after his load, w/out any
fault of his part fell into
the hold of the ship
where his friends were
working.He feared that
hemight have killed or
injured them. Court
awarded his claim.)
That his Psychiatric illness is
reasonably foreseable and that
proximity factors is satisfied.
Relationship between P and the
injured person is so close that it is
reasonably foreseeable tha P will
suffer from nervous shock.
McLoughlin v O` Brian
(Parent v Children and Spouse only)
Alcock`s Case
ii. it also extended
to all relationship that is based on love
and affection (family relationship like
brothers v sisters.(xx ref. Storm v
Greeves brother who saw his sister
was hit by a lorry awarded damages)
iii.A bystander who is unconnected to
the victim also can claim if the
circumstances of a catastrophe
occurring very close to him were
particularly horrific.
iv. Rescue Cases
If a rescuer suffers nervous shock due
to his rescue operation he is still
entitle to claim.
Here ,rescuer need not have to prove
closeness of ties with the victim.
Chadwick v British Railways Board
( P assisted in the rescue of
passengers involve in serious railway
accident and suffer nervous shock.He
is entitle to claim)
Proximity of P to the accident
in time and space.
i. present at the scene or near
the scene and immediate resort
to scene on being told is
necessary
ii. witnessing immediate
aftermath of accident not at
scene but at Hospital is still
sufficient
McLoughlin v O`Brian
iii. Post accident like identifying
victim in mortuary not sufficient
Jaensch v Coffey
iv. Both Husband and Wife
involve in accident.Husband
died and wife unconsious later
was told and suffer nervous
shcok.Still can claim.
Schneider v Eisovitch
Andrew v William
(mother died and P heard later
still can claim.Both involve in
same accident)
Communication by
Third person
i. Shock brought about
from communication by
others.
Hevican v Ruane
P was told that the
minibus in which his
favourite son was
travelling was involve with
an accident.He was taken
to the Police Station and
was informed his son
died.He then went to
mortuary and identify the
body. He suffers nervous
shock. Held that P is still
entitle although
communicated by third
party still can claim.
ii.Watching the event in
television or hear from
radio still not suffient
becox it does not satisfy
the reguirement of
proximity factors. Plaintiff
cannot recognise
individual involves.
However it is not totally
ruled out yet.
Alcock Case
That P`s psychiatric illness is
caused by the breach of duty by
the defendant.
Hinz v Berry