Now you may look at the above blog title and think: “what is she talking about?” Well, in answer to that – I am talking about a landmark case which changed the face of product liability claiming.
The case I refer to is Donoghue v Stevenson and was heard in 1932. The facts of the case are quite simple – Mrs Donoghue was out with a friend and went into a cafe for a drink. Her friend bought her drink – ginger beer – and they both sat down. Mrs Donoghue then proceeded to drink her ginger beer until she realised there was the remains of a snail at the bottom of the bottle.
Now, you may think – why is this a landmark case? Well, as a result of the incident Mrs Donghue suffered gastro – enteritis and nervous shock as a result of the contaminated drink. As a result Mrs Donoghue claimed compensation from the manufacturers of the product with whom she had no explicit contract (she did not have a contract with the retailer either as she did not buy the drink herself).
Despite her case being turned down at the appeal court, Mrs Donoghue took her claim to the highest court – the House of Lords. It was here that she won her claim and received compensation. This case established that there is a ‘duty of care’ which the manufacturer had to the purchasers of its products – this had been breached in Mrs Donoghue’s case.
This case paved the way for other product liability claims and was such an important legal landmark that a plaque has been placed on the seat of the cafe where Mrs Donoghue drunk her ginger beer!
If you have suffered an injury due to a faulty/contaminated product then you may have a claim for compensation. It is important to keep the product itself and its packaging as this packaging will contain important information such as batch number and the time and date it was produced. You should seek medical attention for your injuries as this not only assists your injuries but allows a record to be placed in your medical notes.
