Facts
A mother was told her family had been in a road accident. She went to the hospital about two hours later and saw them injured and distressed; one daughter had died. She suffered psychiatric illness.
Issue
Can someone who sees the immediate aftermath recover for ?
Held
Yes; her illness was reasonably foreseeable and she was close enough in time and space.
Principle
Lord Wilberforce: consider the class of claimant (close ties), proximity in time and space, and the means by which the shock was caused.
Why it matters
The leading case on secondary victims before the Hillsborough cases.
Cited in these chapters
Cite this page
McLoughlin v O'Brian [1983] 1 AC 410 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/mcloughlin-v-obrian> accessed 31 October 2026
This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.