Limitation Of Liability On Nervous Shock Of Third Party

The mental damage compensation for the close relatives of the deceased and the mental damage compensation arising from loss of consortium caused by third persons are not the cause of action designed for compensation of the third party ’s nervous shock damage.If use those cause of action mentioned above,the third could not prove "proved severe mental damage" and "perceiving the event contemporaneously" required in component of the liability of the third person’s compensation for nervous shock damage,which may lead to excessive liability to the tortfeasor.The cause of action which could rule the liability of tortfeasors appropriately should be the general clause of tort liability where the right to health is damaged.To determine whether there is a causation between the conduct of tortfeasors and the damage of third person,depth policy considerations must be made to prevent the appearance of an inappropriate concept of "recovery incurred whenever damage exists",which may leads to excessive liability to the tortfeasor.The judgement of the causation between the conduct of tortfeasor and damage of third party should be typed,specifically to meet the following three requirements: first,the third person has close relationship with the direct victim;second,the third person witness,or through other way perceives the event contemporaneously;third,the direct victim suffered serious bodily injury.These three c criterions should be satisfied when the tortfeasor negligently cause nervous shock of the third person.when tortfeasor intentionally cause nervous shock of the third person.In addition,when the judgment of causation is not satisfied,the fair liability is not suitable for the tortfeasor.The third person must bear the fault of the direct victim and prevent the tortfeasor taking excessive liability.Whether the third party bears the fault of the direct victim,the main controversial point of the affirmation and negation is whether the damage of third person’s nervous shock is direct damage or indirect damage.It is more appropriate to treat damage of third person’s nervous shock as indirect damage,and itcan provide a theoretical basis for the third person to bear the fault of direct victims.