Dulieu v White & Sons

A person who suffers nervous shock from reasonable fear of immediate personal injury to herself, caused by the defendant's negligence, can recover damages.

Citation
[1901] 2 KB 669
Court
King's Bench Division
Year
1901
Subject
Tort Law
Topic
Psychiatric injury

Facts

Mrs Dulieu, who was pregnant, was working behind the bar of her husband's public house, when the defendants' servant negligently drove a van and horses into the pub. She was not physically injured, but she suffered severe shock, became ill, and later gave birth prematurely. She claimed damages for her illness.

Legal principle

The Divisional Court held that she was entitled to damages. Kennedy J said that shock, where it operates through the mind, must be a shock which arises from a reasonable fear of immediate personal injury to oneself. Mrs Dulieu was in fear for her own safety, so she could recover. He doubted whether a person could recover for shock caused by fear for the safety of another person. That limit was later relaxed in Hambrook v Stokes.

Related cases on psychiatric injury

Studying tort law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions