THE LAW OF TORTS

The law of torts

The law of torts

There is no doubt that Cassie is suffering from a psychiatric disorder named PTSD. However, there are many different facets that need to be explored. In this case, Adam will indeed be asked to pay for compensation for the psychiatric illness caused to Cassie. The defendant was responsible through his actions for causing the accident. However, proving that he has been responsible for the PTSD suffered by Cassie would not be easy. There are three stages in the law of torts in UK that need to be established as determined by the Case Caparo Industries v Dickman 1990 :

Foresee ability

Proximity

How the accident was caused

Before we proceed ahead, it needs to be established that what the victim must experience in an accident before Cassie can make a PTSD claim. There are two main experiences which are also known as the gateway criteria which must have been experienced by Cassie before she can make a PTSD claim. The first involves there being the threat of death or serious injury. , this implies that the accident must have involved an actual threat of death or a serious injury. Since Adam was over speeding when the car accident occurred, Cassie can easily prove that there was a threat of death or a serious injury. She was probably suffering from PTSD because she witnessed the accident from close proximity and became a part of it (BRENNAN, 2011, pp 23).

The second point that she needs to prove is that she had experienced at the time of the accident an intense fear and a sense of helplessness. She can prove this to be the point because at the time of driving, Adam over sped and crashed the car into the bus shelter. There was no way that she could prevent Adam from over speeding. Hence, the point of helplessness can be easily proved. (BRENNAN, 2011, pp 24).

In this regard, there could be a possible case against Adam for having first caused an accident not through intent but through his own negligence for having over sped his car. As he was over speeding, his car collided with a bus shelter causing another person named Cassie to be engaged in the incident.

In this case, the Cassie as the claimant will be entitling to damages against the defendant if she proceeds against him. This is because the accident has ...