"
skip to Main Content

02 4050 0330

    • Medical Negligence
          • Medical Negligence

            We believe you deserve the best in medical care and we understand the trauma experienced when that care is less than adequate. That’s why we hold medical professionals accountable when medical care and treatment fall short of expected standards and result in adverse outcomes.

            Read More

    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

            Read More

    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

            Read More

    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

            Read More

    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

            Read More

    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

            Read More

    • Public Place Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

            Read More

    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

            Read More

    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

            Read More

    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

            Read More

    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

            Read More

    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

            Read More

    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

            Read More

    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

            Read More

    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Case studies: Mental Harm

The Courts have experienced a large increase in claims by people who allege to have suffered pure mental harm as the result of witnessing a person being killed, injured or put in peril caused by the negligence of another. The two cases we refer to below show that there are limits both to the duty owed by the alleged wrongdoer and the circumstances which will amount to witnessing someone being killed, injured or put in peril.  

Case Study: Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21

A key case discussing duty of care and foreseeability of harm in pure mental harm cases is the Optus case.

Facts

This case was factually unique. The claimant, Mr W, suffered chronic severe post-traumatic stress disorder as a result of Mr G attempting to murder him. Both parties were attending a training course on the ground floor of Optus’ premises. Although Optus were the occupiers of the building, they were not the parties’ employer. The parties were not known to each other prior to the training course.

Mr G had made his way to an unauthorised area of the premises on the roof balcony. He was observed to be unresponsive and requesting to see Mr W. Optus employees believed Mr G was a danger only to himself at the time. When Mr W attended the roof balcony, he was encouraged by Mr G to move closer to the railing. It was at this point that Mr G attempted to throw Mr W off the balcony.

Majority Ruling

The majority of the Court held Optus did not owe Mr W a duty of care, as the conduct of Mr G was not reasonably foreseeable in the circumstances. In this case, the majority ruled the relevant conduct was Mr G’s attempt to kill Mr W (rather than the lower threshold, being that Mr G might assault Mr W).

Case Study: Wicks v State Rail Authority (NSW) (2010) 241 CLR 60

Facts

The two claimants in this case were police officers. They were among the first to respond and arrive at the scene of a high-speed train accident. A number of passengers were dead, and many were severely injured. The relevant rail authority admitted to operating the railway, including the subject derailed train, in a negligent way. 

Both claimants suffered post traumatic stress syndrome, nervous shock and major depressive disorder as a result of what they witnessed on the day in question.

Did the Claimants Suffer Mental or Nervous Shock?

The High Court held that the sudden and disturbing impressions on the minds/feelings of the claimants continued as each took in more of the scene and set about their tasks. In other words, they suffered a series of shocks as the day progressed. Therefore, that the mental harm the claimants suffered arose wholly or partly from mental or nervous shock held true.

Did the Claimants Witness, at the Scene, Another Person or Other Persons Being Killed, Injured or Put in Peril?

The court stated it was not correct to assume that all cases of death, injury or being put in peril are those that begin and end in an instant (or within minutes). Rather, there are cases where such takes place over an extended period of time.

When considering the facts of the case, it could be readily inferred that some passengers were still sustaining injuries whilst being removed from the train. Similarly, the perils to which living passengers were subjected did not end when the carriages came to a rest. A person is put at peril when they are put at risk – that person remains in peril until they cease to be at risk.

Therefore, the passengers remained in peril until they had been rescued by persons such as the claimants. As such, the court held the claimants witnessed, at the scene, persons being put in peril as a result of the negligence of the relevant authority.

Recent Articles

Stay Updated With Legal News
Subscribe To Our Newsletter

This field is for validation purposes and should be left unchanged.