“Nervous shock liability extends to 'immediate aftermath' of accidents”
Mrs McLoughlin's husband and children were injured in a road accident caused by negligent driving. She arrived at the hospital about an hour later and saw them covered in blood and oil before learning her daughter had died. She suffered severe nervous shock.
Whether liability for nervous shock extends beyond those present at the scene to include those who witness the 'immediate aftermath' of an accident.
The House of Lords held that Mrs McLoughlin could recover. Liability extended to the 'immediate aftermath' even though she was not present at the accident scene.
McLoughlin significantly expanded nervous shock liability by establishing the 'immediate aftermath' doctrine. It remains crucial for understanding the scope of psychiatric harm claims and the balance between compensation and policy limits.
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OSCOLA Citation
McLoughlin v O'Brian [1983] 1 AC 410
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