Can a plaintiff recover damages for nervous shock?
British Columbia, Canada
The following excerpt is from Kotai v. Queen of the North (Ship), 2009 BCSC 1405 (CanLII):
Thus, in Hinz v. Berry, at 42: Damages are, however, recoverable for nervous shock, or, to put it in medical terms, for any recognizable psychiatric illness caused by the breach of duty by the defendant.
And in Page v. Smith, at 189: Shock by itself is not the subject of compensation, any more than fear or grief or any other human emotion occasioned by the defendant’s negligent conduct. It is only when shock is followed by recognizable psychiatric illness that the defendant may be held liable.
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