The University of Texas at Austin   School of Law

Main menu:

Tort Law — Nervous Shock

Date Citation Note
11.11.1997 BGH NJW 1998, 810 VI. Civil Senate (VI ZR 376/96)

Predisposition leading to consequential harm
'Compensation neurosis'
§§ 249, 252, 847 BGB
§§ 287, 565 I 2 ZPO

04.04.1989 BGH NJW 1989, 2317 VI. Civil Senate (VI ZR 97/88)

Claim for the costs of a holiday not taken because of the accidental death of the son is not within the concept of nervous shock, nor covered by the costs of the funeral under §§ 823, 844 I BGB

11.05.1971 BGHZ 56, 163 VI. Civil Senate (VI ZR 78/70) Schockschaden -decision = NJW 1971, 1883 = VersR 1971, 905, 1140

Claim for the effects of accidental death of a spouse is only possible for nervous shock causing injury to physical or psychiatric health and not for mere grief
Direct claim under § 823 but limited by contributory negligence of the deceased, as § 254 is applied analagously
§§ 254, 823 I, 846 BGB

21.09.1931 RGZ 133, 270 VI. Civil Senate = JZ 1929,914 (VI 149/31)

Claim for the consequences of the death of a young son in a road accident
Secondary victim (mother) was not present at the accident, but could claim damages under § 823 for nervous shock following a nervous breakdown
No claim however under § 7 Road Traffic Act as harm was not caused in the course of operating the motor vehicle
§§ 823, 831 BGB
§ 7 Kraftrahrzeuggestz