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McLoughlin v O'Brian (1982)
Created by 121.1.18.237 on 3 November 2009, at 10:27



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McLoughlin v O’Brian
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Court House of lords
Date decided 6 May 1982
Citation(s) [1983] 1 AC 410
Case history
Subsequent action(s) Full text of judgment
Keywords
Negligence, psychiatric harm, proximity


[1983] 1 AC 410. A woman claimed compensation from the driver of a car which had caused an accident in which one of her children was killed, and other members of her family badly injured. Although the claimant was not present at the accident, and therefore not in any physical danger, she sufferedpsychiatric injury as a result. The HouseOfLords held that, where it was reasonably forseeable that psychiatric injury would arise from an event, the person who caused the event had aduty of care in respect pf psychiatric injury. The ordinary rules of Negligence would apply -- there was no need to show that the claimant was in particular proximity to the accident, or suffered her injuries at the same time. See also page v smith (1996).
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