B LAW403 Chapter Notes - Chapter 18: Ginger Beer
15 Mar 2016
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Donoghue v. stevenson donoghue finished a bottle of ginger beer that possessed a dead snail at the bottom of it, which she claimed made her sick. The court determined that the manufacturer owed a duty of care to prevent contamination. The defendant who may be liable does not have to be the seller. If they were part of any aspect of the quality control of the product then they will be held to a reasonable duty of care. The claimant in most cases is the consumer but more broadly it can be anyone that can be foreseeable as to be injured. The effect of an intermediate examination does not exclude liability. For example if a person bought a car and while driving had a tire come off due to improper installation by the seller then the seller is liable. Even if the buyer had examined the car before use, it does not matter.
