This case established the ‘neighbour principle’ to establish a duty of care, a defendant owes a duty of care to their neighbours, a neighbour is some-one ‘so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being affected when I am directing my mind to the acts or omissions in question’.
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VIDEO CHAPTERS
00:00 Introduction
00:12 Case facts
00:50 Case outcome and legal principle
CASE SUMMARY
Claimant: Mrs Donoghue – a consumer
Defendant: Stevenson – café owner
Facts:
Mrs Donoghue consumed ginger beer purchased by a friend whilst they were in a cafe. The ginger beer had a decomposed snail in it, this was only noticed once Mrs Donoghue had begun consuming the drink. She suffered from physical illness as a result of drinking the contaminated drink.
Outcome: Liable
Legal principle:
The House of Lords established the ‘neighbour test’ in order to establish the presence of a duty of care. A defendant owes a duty of care to their neighbours, a neighbour is some-one ‘so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being affected when I am directing my mind to the acts or omissions in question’.
