Facts

• Gifford’s father was involved in a horrible work accident resulting in his death
• The children never saw his body or the accident, but upon learning the news, suffered nervous shock

Issue

• Could they claim in negligence for nervous shock?

Held

• Yes, because Tame & Annetts had done away with the “direct perception” element
• The employer had such control over the working conditions as for it to be reasonably foreseeable
• Children are particularly vulnerable
• The preexisting relationship between employer, employee and employee’s children satisfied the test

-- Download Gifford v Strang Patrick Stevedoring Pty Ltd [2003] HCA 33 as PDF --

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