Key Case | Donoghue v Stevenson (1932) | Negligence - Duty of Care

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’.

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, 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’.