McLoughlin v O'Brian

McLoughlin v O'Brian [1983] 1 AC 410 is an English tort law case, decided by the House of Lords, dealing with the possibility of recovering for psychiatric harm suffered as a result of an accident in which one's family was involved.

[1] Earlier decisions in English courts had allowed victims to recover damages for psychiatric injury sustained as a result of witnessing the imperilment of a loved one, but only where the claimant was actually present at the scene.

The trial judge held that the defendants owed duty of care to the claimant as she saw her husband and children covered in oil and blood as a result of the accident.

She suffered psychiatric injury, including clinical depression and personality changes, after witnessing her family's situation in the hospital.

Lord Wilberforce delivered the leading speech, and laid out the test for recovery of damages for personal injury resulting from nervous shock.