Attia v British Gas plc
Encyclopedia
Attia v British Gas Plc [1988] QB 304 is an English tort law
case, establishing that nervous shock from witnessing the destruction of personal property may be actionable. Prior to this case, a duty of care
for an individual's mental health had not been established in situations not involving personal injury or the witnessing of such an event. The Court of Appeal
ruled that British Gas
were liable for the subsequent shock and depression of Mrs Attia, following the near total destruction of her home and possessions.
plc were to install central heating
in the Mrs Attia's home. Whilst installing the system, an employee of British Gas negligently started a fire, which largely destroyed the home and contents within. At first instance, Attia's claim that British Gas had caused her mental shock and distress was denied, with the trial judge holding that damages could only be recovered for psychiatric harm where physical harm to an individual is found.
held that Ms Attia could recover damages for psychiatric harm, consequent on the damage to her home. Bingham LJ noted that the decision was breaking new ground, but nevertheless held it was a modest extension to the categories of legitimate claimants.
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
case, establishing that nervous shock from witnessing the destruction of personal property may be actionable. Prior to this case, a duty of care
Duty of care in English law
In English tort law, an individual may be owed a duty of care by another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the duty-ower, to compensate the victim for any losses they incur...
for an individual's mental health had not been established in situations not involving personal injury or the witnessing of such an event. The Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
ruled that British Gas
British Gas plc
British Gas plc was formerly the monopoly gas supplier and is a private sector in the United Kingdom.- History :In the early 1900s the gas market in the United Kingdom was mainly run by county councils and small private firms...
were liable for the subsequent shock and depression of Mrs Attia, following the near total destruction of her home and possessions.
Facts
British GasBritish Gas plc
British Gas plc was formerly the monopoly gas supplier and is a private sector in the United Kingdom.- History :In the early 1900s the gas market in the United Kingdom was mainly run by county councils and small private firms...
plc were to install central heating
Central heating
A central heating system provides warmth to the whole interior of a building from one point to multiple rooms. When combined with other systems in order to control the building climate, the whole system may be a HVAC system.Central heating differs from local heating in that the heat generation...
in the Mrs Attia's home. Whilst installing the system, an employee of British Gas negligently started a fire, which largely destroyed the home and contents within. At first instance, Attia's claim that British Gas had caused her mental shock and distress was denied, with the trial judge holding that damages could only be recovered for psychiatric harm where physical harm to an individual is found.
Judgment
The Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
held that Ms Attia could recover damages for psychiatric harm, consequent on the damage to her home. Bingham LJ noted that the decision was breaking new ground, but nevertheless held it was a modest extension to the categories of legitimate claimants.