Chadwick v British Railways Board [1967]

Facts

  •  Chadwick lived 200 yards from a horrific train crash
  • He helped for many hours throughout the night crawling through the wreck to assist survivors
  • He later suffered serious mental injury, before dying some 6 months later

Issue

  •  Could Chadwick’s estate recover for his mental injury, given he had voluntarily assisted the victims of the crash

Decision

  •  Recovery allowed

Reasoning

  •  Danger invites rescue, therefore it was foreseeable that Chadwick would place himself in such as situation, therefore recovery was allowed
  • Today, we might say that recovery was allowed as Chadwick was a primary victim and a rescuer, he may have been in physical danger from the train wreck

Citation

[1967] 1 WLR 912

RELATED CASE  Re M [2011]

Posted in Tort Law Revision Notes.

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