Donoghue v Stevenson, [1932] AC 562

On the 26 August, 1928, May Donoghue and a friend were at a caf in Glasgow (Scotland). Donoghue's companion ordered and paid for her drink. The cafe purchased the product from a distributor that purchased it from Stevenson. The glass bottle was opaque and the contents could not be inspected before opening. Donoghue consumed part of the drink and when she emptied the remainder of the ginger beer into the glass, discovered the remains of a decomposed snail. She became violently ill following the incident and brought an action for damages. She was unsuccessful at trial and appealed the decision to the House of lords. Finally, her claim was successful. The courts held that when there is a physical injury to persons or damage to property, the manufacturer will be liable to the ultimate consumer if it can be shown that the manufacturer was negligent in the manufacture of the goods, or where the goods had some danger associated with them, and the producer failed to adequately warn the consumer of the danger.

1. What are the relevant facts of the case?

2. What are the relevant issues of the case (in question form)?

3. List the 4 elements of negligence and state whether they are present in this case or not.

4. What was the decision of the court?

5. What was their reasoning?

6. What is your conclusion (opinion) of the outcome of the case? Why?