Court case[1932] AC 562

Mrs Donoghue went with a friend to a cafe in Paisley, Scotland. The friend bought her a bottle of ginger beer manufactured by Stevenson. The bottle was opaque, so its contents could not be seen. After Mrs Donoghue had drunk some of it, the remains of a decomposed snail floated out when the rest was poured. She claimed to have suffered shock and gastro-enteritis. She could not sue the cafe owner in contract, since her friend had bought the drink, and she could not sue the manufacturer in contract because she had no contract with him. She sued Stevenson in delict (tort) for negligence. The question was argued as a preliminary point of law: assuming the facts, did the manufacturer owe her any duty?

By a majority of three to two the House of Lords held that the manufacturer owed a duty of care. Lord Atkin laid down the "neighbour principle": "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? ... persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question." A manufacturer who sells products in a form showing that they are meant to reach the consumer without intermediate examination owes the consumer a duty to take reasonable care. Lords Buckmaster and Tomlin dissented, fearing an unlimited extension of liability.