Donoghue v Stevenson

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File:Tabubil-world wind.png Donoghue v Stevenson (1932) AC 562, also known as the Paisley Snail Case, is a foundational case in Scots law, English law, and the Common law of tort, particularly in the area of negligence. It established the modern principle of duty of care that manufacturers and other parties owe a duty to their consumers or end users. The case is often cited as the origin of the modern concept of the "neighbour principle" which underpins the duty of care in negligence law across many jurisdictions.

Background

The case arose from an incident on 26 August 1928, when May Donoghue, a shop assistant, was given a ginger beer manufactured by David Stevenson, a Paisley, Scotland-based manufacturer, at the Wellmeadow Café in Paisley. The ginger beer came in an opaque bottle, and after consuming part of it, Donoghue's friend poured the rest into the glass, revealing the decomposed remains of a snail. Donoghue later claimed to have suffered personal injury and shock as a result.

Legal Proceedings

Donoghue initiated a legal action against Stevenson, claiming damages for negligence. She could not sue under contract law as her friend had purchased the ginger beer. The case eventually reached the House of Lords, where the decision was made on 26 May 1932.

Judgment

The House of Lords held that Stevenson owed a duty of care to Donoghue, establishing that a manufacturer owes a duty of care to the ultimate consumer. Lord Atkin delivered the leading judgment, introducing the "neighbour principle". He stated that persons owe a duty of care to those who they can reasonably foresee would be affected by their actions or inactions. This principle significantly expanded the scope of who could claim for negligence and against whom such claims could be made.

Impact and Legacy

The ruling in Donoghue v Stevenson has had a profound impact on the development of the law of negligence, not only in the UK but also internationally. It laid the foundation for the modern law of negligence, influencing cases and legislation in many jurisdictions. The case is a staple of legal education, teaching the importance of the duty of care and the broader principles of negligence.

See Also

• Negligence
• Duty of Care
• Tort Law
• Scots Law
• English Law