McLoughlin v O’Brian [1983] 1 AC 410 House of Lords
Citation:McLoughlin v O’Brian [1983] 1 AC 410 House of Lords
Rule of thumb:If you see a close family member seriously injured caused by negligence and suffer a psychiatric injury, are you entitled to damages? Yes, nervous shock covers this and you are entitled to damages.
Background facts:
The basic facts of this case were that Mrs McLoughlin was told that her husband and 3 children had been involved in a serious accident, 2 hours after it occurred. Mrs McLoughlin arrived at the scene and saw her husband children covered in blood and mud.
Judgment:
The Court held that Mrs McLoughlin was able to sue for nervous shock in these circumstances.
Ratio-decidendi:
‘(First) ... ‘a close familial relationship’... (Second) ... proximity... in both time and place... (third) (shock must)... come through sight or hearing of the event, or of its immediate aftermath’, Lord Wilberforce
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.