Tort law Essay Example | Topics and Well Written Essays - 1750 words - 1

Tort law - Essay Example Whether the Newns department store is liable under the provisions of Occupiers liability Act for the losses suffered by Joanna and Edith. Whether Edith and Cindy are eligible for damages in respect of the nervous shock suffered by them. As such, the issues to be addressed are; first, whether Newns department store is liable for the nervous shock suffered by Edith, due to the charging reindeer. Second, whether this store is liable for the nervous shock suffered by Roland. Third, whether this store is liable for the nervous shock caused to Cindy and Joanna. Edith The Newns department store introduced a real reindeer, in its Santa grotto. This reindeer was aggravated by Paul, which caused it to charge. This resulted in nervous shock to Edith, an elderly patient on a pacemaker, who presumed that the animal was charging at her. Secondary victims have to satisfy certain conditions, in order to succeed in a claim. These are the nature of the relationship between the claimant and the primary victim; the physical proximity of the claimant to the accident; the means of receipt of information by the claimant; and the manner of occurrence of the psychiatric illness.2 In Alcock, some people were killed in the Hillsborough football stadium disaster. The relatives of those who had been killed sought compensation from the police, for psychiatric injury. It was the contention of these claimants that their psychiatric injury was due to the negligence of the police officers. It was maintained by them that the police had failed to manage the crowds. In this case, the police accepted their negligence. The court in McLoughlin v Brian established the limits of emotional ties, physical proximity to the accident site, and the means by which the psychiatric injury had been caused.3 In the Alcock case, the court elaborated upon physical proximity to the accident. It stated that the person who was subjected to the traumatic event was the primary victim. The person who had not been physica lly injured, and was merely a witness to the event, constituted a secondary victim.4 According to the above discussion and case law, the Newns department store cannot evade liability on the basis of the caution notice displayed by it. In addition, it should have foreseen that there was the possibility of some child or customer infuriating the reindeer, and causing the latter to charge. Although, Edith underwent nervous shock, she was a disabled person. Moreover, she survives on a pacemaker. Furthermore, Edith is a secondary victim, who does not satisfy the additional criteria stipulated in Alcock. In addition, no physical injury or accident had transpired. Consequently, Edith is ineligible for a claim under nervous shock. All the same, she can claim damages under the provisions of Occupiers Liability Act 1984 for the pain suffered by her, due to the negligence of the Newns department store. Joanna Thereafter, a 4 year old, Joanna was separated from her mother Cindy, in this departme nt store, and she entered a washing machine, considering it a convenient place to hide and play in. A negligent sales assistant switched this machine on, and Joanna was severely injured. She was rescued by an off duty policeman Roland, who underwent nervous