nervous shock Flashcards
what is nervous shock
the impact on a victim after an event which has caused them to suffer from pscological injuries
what considerations had to be made by law when establishing this
to prevent fraudulent claims (as someone could make up-they have a psychological injury) you need to have a clinically diagnosed mental health issue as a result of the incident which prevents you from living a fulfilled life
- anxiety nerviosa, PTSD, OCD, clinical depression ect.
what are primary victims
primary victims are people that were in direct danger of psysical harm and due to this developed a psycological injury
case for primary victims
page v smith
page was a victim of a car crash (preprtrated by smith) in which he was no harmed but he didnt suffer from mental health issues meaning he qualified as a primary victim
delieu v white
- 9 horses pulling bar to deliver to a pub got loose and ran into the pub charging at the bar maid
- she suffered no phsycial injury but as a result had a silllbirth
- therfore she qualified as a primary victim
who are secondary victims
those who were not put in direct psycial harm form an event but suffered a mental health issue from whitnessing it
fortitude of Phlegm
the idea that the law believes that if you simply just whitness something unpleasant or sad (bourhill v young) you are expected to be able to get over it youself
alcock v cheif counstable of south yorkshire
- after the Hillsborough disaster killed hundreds of people as a result of a negligent police officer opening the gates to more fans a case was brought about from all those who were there and witnesses the deaths or saw it unfold on the TV or radio
- this case established the 3 requirements to be a secondary. vicitm
requriements to become a secondary victim
1) suffer a psycological injury from the incident
2) whitnessed the incident or the immediate aftermath through your own senses (not through tele or radio)
3) have ties of love or affection for people whow ere primary. victims of the incidient
McLoughlin v O’Brien
- Mcloughlin was a mother whos husband and kids were involved in an accdient due to o’brien’s dangerous driving
- once informed McLoughlin got to the hosptial to see one child dead and the others covered in injuried not been seen to yet
- due toMcloghlin seeing the immediate. aftermath she. qualified as a secondary vitcim
Attia v british gas
- you can claim for nervous shock due to property damaged
- attia spend her saving on carefully renovating a house and when british gas fitted a boiler it went up in flames
- the shock that attia suffered watching her house burn down qualified her for nervous shock
who else counts as a primary victim?
in order to encourage people to try and help others if you help somsone involved in an accident and as a result of what you experiences you. suffer from a psyciartic injury then you will be treatedas a primary. victim
how many people died in the hilsborough disaster?
96
what didnt count after the hilsborough disiater
- watching through a tele as it can be switched off
- identifying bodies in the morge 7 hours later was also not recoverable as as the time was too long
how long after the incidient did the mother McLoughlin see her family hurt
one hour (this is the logest case for secondary victims as of yet)
