Published: Wed, 07 Mar 2018
Dooley v Cammell Laird  1 Lloyd's Rep 271
NEGLIGENCE – EMPLOYER DUTY OF CARE – PSYCHIATRIC DAMAGE – PRIMARY VICTIM
The claimant (C) was a crane operator working for the defendant (D). C was loading cargo from a quay onto a ship when the rope carrying the load snapped. The load fell into the hold of the ship, where C knew other workers were standing. Nobody was injured, though C suffered nervous shock as a result of what seeing what he believed to be the death or serious injury of some of his co-workers. The trauma of the event aggravated C’s pre-existing neurasthenia and, as a result, he could not return to work as a crane operator. C brought an action in negligence against D, seeking damages for psychiatric injury.
Whether D owed a duty of care to take reasonable steps in safeguarding their employees from the risk of nervous injury, as well as physical injury.
The application for a declaration was dismissed. Parental rights, as such, did not exist, except insofar as necessary to safeguard the best interests of a minor. In some circumstances, a minor would be able to give consent in their own right, without the knowledge or approval of their parents. The test proposed by Lord Scarman posits that a minor will be able to consent to treatment if they demonstrate “sufficient understanding and intelligence to understand fully what is proposed” ( AC 112, 187[D]). The test is now often referred to as ‘Gillick competence’ and is an integral aspect of medical and family law.
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