Duty of Care

Mrs Donoghue went to a cafe with a friend. Her friend bought her a ginger beer, which was manufactured by Stevenson. When Mrs Donoghue drank some of the beer, she discovered the remains of a decomposed snail in the bottle. She became seriously ill with gastroenteritis and shock. The problem was that Mrs Donoghue had not bought the drink herself, so she had no contractual relationship with the manufacturer. Under the existing legal rules at the time, this meant she could not sue Stevenson directly. She brought a claim in negligence against the manufacturer, arguing that he owed her a duty of care to ensure his product was safe for consumption.