Q: What is nervous shock ?

Ans: The law relating to nervous shock has a long history of recognition. The question of recovery for nervous shock (or psychiatric injury) negligently caused by another has been one which has perplexed various courts in various common law jurisdictions throughout the world since it was first established in the case of Byrne v Southern and Western Railway Co. In no area of tort, is the task of providing liability more difficult or more contentious than in the case of nervous shock where the victim claims is based on psychiatric damage. Where the damage is the result of the effects that are suffered by another due to carelessness of the tortfeasor. 

Medically speaking nervous shock would mean the following: circulatory failure marked by a sudden fall of blood pressure and resulting in pallor, sweating, fast (but weak) pulse, and sometimes complete collapse. Its causes include disease, injury, and psychological trauma. In shock, the blood pressure falls below that necessary to supply the tissues of the body, especially the brain. Under the English law of tort, the same is defined as follows: nervous shock or injury inflicted upon a person by intentional or negligent actions or omissions of another. It is most often applied to psychiatric disorders triggered by witnessing an accident, for example an injury caused to one’s parents or spouse. Although the term “nervous shock” has been described as “inaccurate” and “misleading” (Lord Keith and Lord Oliver, respectively, both in Alcock v chief constable of south Yorkshire)it continues to be applied as a useful abbreviation for a complex concept.

Keywords used: 

Perplexed: confused 

Contentious: Likely to cause argument 

Pallor : pale colouring of the face

Psychological, or emotional trauma, is damage or injury to the psyche after living through an extremely frightening or distressing event and may result in challenges in functioning or coping normally after the event.