Facts
- A carriage crashed into a pub, into the room in which a pregnant barmaid, the claimant, was working
- The crush did not injure the barmaid, however she suffered mental injury and a subsequently gave birth to a child prematurely, who had developmental problems
Issue
- Was fear alone enough to create a mental injury claim?
Decision
- Yes, claim allowed
Reasoning
- Recovery could be allowed if there was grounds for reasonable fear of immediate physical injury where there is no actual impact
Citation
[1901] 2 KB 669