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McLaughlin v O'Brian

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Created on February 7, 2023

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Case law

McLoughlin v O'Brian

START

INDEX

Introduction

lord's view on duty of care

facts

important specificities

Outcome & issue

ratio decidendi & 5 points of determination

SECTION 1

Introduction

McLoughlin v O'Brian = English tort law case had an impact on the perception of psychiatric injury within tort law Negligence Duty of care

facts

19 October 1973

Car accident involving 3 children and husband

Annouced one of her children passed and saw her family before they were washed up
Nervous shock, depression and personality change

Outcome & Issue

Mcloughlin v o'brian

Defendant's lawyer : was close enough to the event to compensate for the nervous shock

HL : asked to determine nature and extent of the defendant's obligations :

- Is the plaintiff's plea maintainable?- Is the plaintiff's sufficiently proximate to the event in question to claim damages for her psychiatric illness?

Initially, the courts didn't allow her claim : she wasn't present on the secene during accident

HL : proximity could be "aftermath"

HL held defendant liable for negligently causing nervous shock

Foreseeable : immediate family member by witnessing aftermath would suffer from psychiatric injury

Lord's view on duty of care

mcloughlin v o'brian

Does it make a difference if the plaintiff comes upon her family in an amulance, or a nearby hospital when they are in the same condition as they were at the accident?

Wilberforce's judgment focuses on reasonable foreseeability :

- Time and space - Relationship - Perception

What we have to remeber

Mcloughlin v o'brian

-- Distinction between primary and secondary victims -- The claimant have been within sight or sound of the accident or its "aftermath". -- The Hillsborough disaster : - What constitutes a sufficient familal connection with the primary victim? - What contitutes sufficient 'proximity of perception' ? - Should any special status be afforded to rescuers?

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Ratio Decidendi

mcloughlin v o'biran

- Reminder of the defiition - Ratio decidendi, here = if a mother does not witness or hear an accident involving her husband and children, but it is foreseeable that in the immediate aftermath of the accident sshe will see the victims.

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mcloughlin v o'brian

5 points of determination : - Duty of care - Breach of duty to take care - Proximate cause - Duty of care towards the paintiff - Actual causes or cause in fact

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Video

Mcloughlin v o'brian

Quick video of the main facts and outcome

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