Rescuers and Nervous Shock

Abstract

The common, law has long recognised the right of rescuers to sue an initial tortfeasor for physical injuries suffered in the course of effecting a "rescue" of persons injured by the negligence of others. This right is not so clear when the injury complained of is nervous shock. The United Kingdom Court of Appeal decision in Frost v Chief Constable of the South Yorkshire Police; Duncan v British Coal Corp [1997] 1 All ER 540 has added further, confusion to this area of law. This article considers the right of the rescuer to receive compensation for nervous shock and argues that this decision does not represent good law and should not be followed in Australia.