Nervous Shock Flashcards
What are ‘Anna’s elements’?
The claimant must have a recognised psychiatric illness caused by a single sudden shocking event.
The claimant must be either a primary or secondary victim
Reilly v Merseyside regions heath authority
No liability was found when an old couple became trapped in a lift and suffered insomnia and claustrophobia after they were rescued
Vernon v Bosley
C witnessed children drowning in a car negligent driven by their nanny. He was able to claim for pathological grief
North Glamorgan NHS v Walters
Doctors failed to diagnose a liver transplant for a 10 month of baby, the baby died in mums arms. Claim won for pathological grief
Taylor v A.Novo
C’s mum injured at work, 3 months later she collapsed and died
Claim failed as it wasn’t an SSS
Liverpool women’s hospital v Ronayne
Wife had an operation that went wrong so she had to have another one, husband (c) went to see her and suffered PTSD. Claim failed as it wasn’t one SSS it was a few experiences
What criteria needs to be met to claim as a primary victim?
Recognised psychiatric illness caused by a single sudden shocking event. MUST have also been in danger
Dulieu v White
Horse and cart crashed through the window where C was working, she was able to claim as she feared her safety
Page v Smith
C was in a crash caused by D and suffered ME due to shock. Claim won as it was foreseeable C would suffer physical or psychiatric illness
Simmons v British steel
C was injured due to employers negligence. Suffered worsening of psoriasis and personality change. Court imposed liability as C was a primary victim
Hambrook v stokes bros
Woman suffered shock seeing a runaway lorry going down a hill towards where her kids were. It would have been unfair not to compensate her as she feared for her kids rather than her own safety.
Dooley v Cammell laird
C was operating a crane and it dropped a heavy load onto the ship where his colleagues were. He suffered shock as he thought he had killed them.
C was able to claim against his employers as they had negligently made the load to fall
McLaughlin v O’Brien
C was told her husband and children were in a crash after two hours she went to hospital and suffered depression and personality changes.
HL said she could claim as she was at immediate aftermath
What are bystanders expected to be?
They’re expected to have reasonable phlegm and fortitude
Attia v British Gas
Engineers negligently caused a fire and she watched her house burn down, her claim for shock was successful as it was foreseeable she would suffer an rpi in this situation
What did we learn from Alcock v chief constable of South Yorkshire
Secondary victims must have a close tie of love and affection, there must be proximity and must have perceived the event with their own unaided senses
Taylor v sumerset HA
D failed to diagnose C’s husbands heart condition, he had a heart attack and C suffered shock when she found out he died.
Claim failed as it wasn’t traumatic enough and didn’t fulfil the test of temporal proximity
W v Essex county council
Foster parents suffered shock as one of the children had been abusing her other kids. HL allowed the claim as they felt guilty for fostering an abusive kid
Boylan v keegan
C’s daughter was hit by a car and he heard the whole thing over the phone. Claim was unsuccessful as he didn’t witness with own unaided senses
White v chief constable of South Yorkshire
Police officers suffered ptsd after working Hillsboro
HL removed special treatment of rescuers as it would be unfair to allow police to claim but not the families
Chadwick v BRB
C crawled into train wreckage and gave injections to trapped passengers
Claim successful as he was a primary victim who put himself in danger to help others
Hale v London Underground
Fireman successfully claimed for PTSD after rescuing victims from the fire at kings cross
Mac garland v EE Caledonia
C suffered shock after witnessing destruction caused the fire at oil rig. He helped casualties into his boat.
Claim failed because he was a bystander
Greatorex v greatorex
C was officer on the scene of a crash his son caused and suffered shock seeing him. Claim failed on policy grounds as they’re family and a primary victim does not owe a duty
