Donoghue v Stevenson [1932] AC 562

Court: House of Lords

Facts: In the summer of 1928, May Donoghue visited a café in Paisley, Scotland, where a friend bought her a bottle of ginger beer manufactured by David Stevenson. After consuming most of the drink, Donoghue discovered a decomposed snail in the remaining ginger beer, which caused her to fall ill. She sued Stevenson, seeking damages for her illness, despite not having a direct contract with him, as her friend had purchased the drink.

Issue: Whether David Stevenson, as a manufacturer, owed a duty of care to Mrs Donoghue, a consumer who suffered harm due to the presence of a foreign object in the product.

Held: The House of Lords ruled in favor of Mrs Donoghue, establishing the principle of duty of care in negligence law. Lord Atkin articulated the "neighbour principle," which posits that individuals owe a duty of care to those who are closely and directly affected by their actions. This principle means that one must take reasonable care to avoid causing harm to others who might be foreseeably affected by their conduct.

The court held that a manufacturer owes a duty of care to the ultimate consumer of their product. Since it was foreseeable that a consumer could be harmed by a contaminated product, Stevenson was liable for Donoghue's illness despite the absence of a direct contract between them.

Key Judicial Statement: Lord Atkin's famous "neighbour principle" emphasized that a duty of care extends to anyone who could be reasonably affected by one's actions. He stated: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."

💡Leveluplaw: This case established the modern concept of negligence, setting the foundation for personal injury claims. It underscored the manufacturer’s responsibility to ensure product safety and the broader application of the duty of care. The "neighbour principle" introduced by Lord Atkin clarified that harm must be foreseeable for a duty of care to exist, shaping the way courts assess negligence and liability in various contexts.