What is the test for damages for nervous shock?
British Columbia, Canada
The following excerpt is from Arnold v. Cartwright Estate, 2007 BCSC 1602 (CanLII):
Claims for damages for nervous shock are among the most difficult personal injury cases to assess. Where the plaintiff is not physically injured and does not come into contact with the defendant, the psychiatric injury alleged is an extra step removed from the negligence of the defendant. As a result, difficult questions of proximity and duty of care arise. Further, the difficulty in proving or disproving cases of psychiatric injury, makes it often difficult to determine when liability will be imposed: Devji v. Burnaby (District), 1999 BCCA 599, 70 B.C.L.R. (3d) 42.
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