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ARTICLE - Duty of care
 The
leading case study on 'duty of care' is the 1932 English, Donoghue
v Stevenson case, often referred to as “the
snail in the bottle case”. It has captured the imaginations of generations
of lawyers and has played a pivotal role in the development of the modern
law of negligence.
Background
The plaintiff had started drinking
the contents of a bottle of ginger beer manufactured by the defendant.
The bottle was opaque, so that the contents could not be seen prior
to it being opened. As the bottle was sealed, there was no opportunity
for the contents to be examined prior to opening and drinking.
In
the bottle was a dead snail. Because of the sickening sight and
the bad ginger beer, the plaintiff suffered from shock and severe gastroenteritis.
The English House of Lords decided that the manufacturer had
been negligent, and that the plaintiff was entitled to damages from
the manufacturer.
This was an important case, because it was the
first time the Court said that
a manufacturer owed a duty
of care towards purchasers of goods.
Commentary
The law imposes upon all persons a duty
of care to avoid, prevent or minimise injury to others. Negligence
is the failure to exercise a reasonable standard of care. What amounts
to negligence varies from case to case. There are some clear examples
where people owe a duty of care to other people. Some of these are
as follows:
- drivers of motor vehicles owe a duty of care to
other drivers, passengers and pedestrians
- employers owe a duty of care to their employees
and they are expected to provide a safe working environment
- carriers such as railways, motor bus companies and
airlines owe a duty of care to their passengers and goods
- manufacturers owe a duty of care to the people who
buy their goods
- schools owe a duty of care to their pupils.
If you have been injured or your property has
been damaged, as a result of someone else’s negligence you may
be entitled to compensation.
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