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McLoughlin v O'Brian
''McLoughlin v O'Brian'' () 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.
== Facts ==
On 19 October 1973, a friend came to the claimant's (plaintiff's) house to tell her of a serious accident involving her husband and three children two hours after it had occurred. He drove her to the hospital where she was told one child was dead, and saw her husband and two other children seriously injured, covered in oil and mud. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident.
Earlier decisions in English courts had allowed victims to recover damages for emotional injury. This case was unique at the time because the claimant suffered injuries away from the scene of the accident and hours after the accident occurred.
This case is frequently examined by law students and students of legal philosophy. Legal scholar Ronald Dworkin used the case as subject matter in a hypothetical case examined by a fictional, ideal judge named Hercules in his book ''Law's Empire''.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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