nervous shock

Nervous shock is the term tort law uses for a recognised psychiatric injury (not mere grief or distress) caused by the defendant's negligence. A primary victim, who was in physical danger, can recover if some personal injury was foreseeable.

A secondary victim, who witnesses harm to another, must satisfy stricter conditions laid down in English law: a close tie of love and affection with the person injured, presence at the accident or its immediate aftermath, and perception of it with his own senses. Indian courts generally follow these English principles and recognise mental agony as a head of damages in compensation cases.

Example

A mother who saw her children's injuries at the hospital within two hours of the crash could recover for nervous shock as part of the immediate aftermath.

In Indian law

• McLoughlin v. O'Brian (House of Lords, 1982)
• Alcock v. Chief Constable of South Yorkshire Police (House of Lords, 1991)

See also

negligence · duty of care · remoteness of damage

Read more in the study notes

• Mental elements: intention, motive and malice (Law of Torts)
• Negligence (Law of Torts)