Donoghue v Stevenson (1932): Landmark Negligence Case

Donoghue v Stevenson (1932)

Facts of the Case

• May Donoghue consumed a bottle of ginger beer at a cafe in Paisley, Scotland
• The bottle contained a decomposed snail
• Donoghue claimed to have suffered personal injury and distress as a result
• She sued the manufacturer, Mr. Stevenson, for negligence

Judgement and Significance

• The House of Lords ruled in favor of Donoghue, establishing a duty of care towards the ultimate consumer
• Lord Atkin's judgement introduced the "neighbour principle" which states that:
  • One must take reasonable care to avoid acts or omissions which can reasonably be foreseen to injure one's neighbour
  • "Neighbour" includes anyone who is so closely and directly affected by one's act that one ought reasonably to have them in contemplation as being affected

Key Principles Established

• Manufacturers have a duty of care towards the ultimate consumer
• The principle of proximity is applicable in determining duty of care
• The "reasonable person" test is used to determine whether a duty of care was breached

Impact on Tort Law

• Donoghue v Stevenson expanded the scope of negligence in tort law
• The case established a precedent for manufacturers' liability towards consumers
• The "neighbour principle" has been applied in various areas of law, including negligence, nuisance, and occupiers' liability