Donoghue v Stevenson [1932]

Concerning: Duty of care, neighbour principle

Facts

Mrs Donoghue and a friend visited a cafe. Mrs Donoghue's friend bought her a bottle of ginger beer. The bottle was made of opaque glass. When filling Mrs Donoghue's glass, the remains of a decomposed snail - which had somehow found its way into the bottle at the factory - floated out. Mrs Donoghue developed gastroenteritis as a result.

Legal Principle

Since Mrs Donoghue had bought the bottle of ginger beer herself she could not make a claim in contract upon breach of warranty. She therefore brought an action against the manufacturer of the ginger beer. The House of Lords had to decide…