Legal Cases Involving psychiatric injury 1

In the case of Dulieu v White (1901), what caused the claimant to suffer fear?

• Seeing her family being treated after an accident

• Coaches and horses crashing into the bar

• Witnessing a severe accident involving children

• Being outside the range of people affected by an accident

What was the key fact in the case of Hambrook v Stokes (1925)?

• A pregnant woman suffered shock when she saw the scene of an accident

• A mother suffered severe shock fearing for the safety of her children

• Claimant suffered shock at hospital when she saw her family being treated after an accident

• No claim can be made if the person suffering shock was outside the range of people who could be foreseen as being affected

In the case of McLoughlin v O'Brien (1982), where did the claimant suffer shock?

• At the scene of the accident

• At the hospital

• At home

• At work

According to the legal principle, in McLoughlin v O’Brien a claim for nervous shock can be made if:

• The person suffering shock is outside the range of people who could be foreseen as being affected

• The person suffering shock has no close ties of love and affection with the victim of the accident

• The shock is suffered at the scene of the accident or within its immediate aftermath and C has close ties of love and affection

• The person suffering shock is a bystander with no relation to the accident

Why did Bourhill v Young fail?

Answer explanation

Mrs. Bullhill had no proximity of relationship or time and space and no client can be made if the person suffering shock is outside the range of people who could be foreseen as being affected.