McFarlane v EE Caledonia [1993]

Facts

  • ¬†The claimant was a painter on a ship near an oil rig which caught fire
  • The ship went to assist the oil rig, getting as close as 50 metres
  • The claimant feared for his life and suffered mental injury from this, as well as from the shock of seeing men jump from the flaming rig
  • The claimant was not actually in danger at any time

Issue

  • ¬†Could the claimant recover as he subjectively had a fear of imminent danger as per Alcock

Decision

  • No recovery

Reasoning

  • The claimant was not a primary victim as a person of normal fortitude would not have feared in such circumstances, was not a reasonable fear
  • The claimant did not satisfy the secondary victim test either

Citation

[1993] EWCA Civ 13

RELATED CASE  Rylands v Fletcher [1868]

Posted in Tort Law Revision Notes.

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