Greatorex v Greatorex
A person who negligently injures himself does not owe a duty of care to a relative who suffers psychiatric injury from witnessing the aftermath of his injury.
Facts
John Greatorex was seriously injured in a road accident caused by his own negligence, when he was driving while drunk. His father, a fire officer, attended the scene as part of the fire brigade, and saw his son's injuries. He suffered post traumatic stress disorder. Because his son was uninsured, the claim was brought against the son, to be met by the Motor Insurers' Bureau.
Legal principle
Cazalet J held that the son owed no duty of care to his father. Recognising such a duty would restrict a person's right to self determination, including the right to take risks with his own safety, and could lead to litigation within families, which would be undesirable. Public policy therefore required that a person who injures himself through his own negligence should not owe a duty to a secondary victim who suffers psychiatric injury as a result.
Related cases on psychiatric injury
- Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310
- Barber v Somerset County Council [2004] UKHL 13, [2004] 1 WLR 1089
- Bourhill v Young [1943] AC 92
- Chadwick v British Railways Board [1967] 1 WLR 912
- Dulieu v White & Sons [1901] 2 KB 669
- Hambrook v Stokes Brothers [1925] 1 KB 141
- Hatton v Sutherland [2002] EWCA Civ 76, [2002] ICR 613
- McLoughlin v O'Brian [1983] 1 AC 410
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