LAW 101

The case of Donoghue v Stevenson is arguably one of the most influential decision in the history of common law.

In August 1928, Mrs. Donoghue consumed a ginger beer produced by the respondent, Mr. Stevenson. The beverage was contained in an opaque glass bottle, preventing a visual inspection of the contents. Upon pouring the final portion, the decomposed remains of a snail emerged. Mrs. Donoghue subsequently suffered from gastrointestinal illness and psychological distress. The court held that a manufacturer of products owes a duty of care to the ultimate consumer to take reasonable care that the product is free from defects likely to cause health injuries.

This is the case that set the precedent that ensures that manufacturers have a duty of care to consumers.

So if you buy a drink from the manufacturer, you open it and drink it and you later find out that a cockroach or any foreign object was inside the drink, you will be entitled to damages if your lawyer can prove these three factors;

1. Duty of Care: Does the manufacturer owe a duty to the affected consumer?

2. Breach of Duty: Did the manufacturer fail to meet the required standard of care?

3. Causation/Damage: Did that failure directly cause the consumer’s injury?

If all these can be prove then compensatory damages will be awarded to the consumer.