The basic legal principles as to how you can bring a claim for injuries (particularly in product liability claims) were set down in the House of Lords back in 1932 some 78 years ago. Today’s article looks back at this case and how it still is relevant today.
The case stemmed from Mrs Donoghue visiting a cafe with her friend in Paisley. Her friend bought her a ginger beer float (which is a glass of ginger beer with ice cream floating on top) importantly the contents were contained in an opaque bottle. Mrs Donoghue proceeded to take a sip from the bottle and then when her friend topped up the drink the remains of snail came out of the bottle. As a result Mrs Donoghue said the sight of it made her ill.
Ultimately Mrs Donoghue sued the manufacturer and the claim ran all the way to the House of Lords where she won her case. The basis of the House of Lords’ decision meant that manufacturers of any products would be liable to consumer if they did not take reasonable care to ensure that their products are safe for use. Furthermore, manufacturers would be liable if they if they could “reasonably foresee” that their failure to take care in checking the safety of products would lead to injury to another individual.
This decision is still relevant today as if you have bought any product from a retailer that is faulty and it causes you injury this case will allow you to bring a claim for compensation.