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KembaraXtra-Donoghue v Stevenson (1932)-Duty of Care to Consumers
I. Core Principle:
I. Core Principle:
- A manufacturer owes a duty of care to the ultimate consumer of their product, even without a direct contract between them.
- Plaintiff: Mrs. Donoghue
- Defendant: Stevenson (ginger beer manufacturer)
- Incident: Friend bought Mrs. Donoghue a ginger beer at a café. The bottle was opaque. After drinking some, the remains of a decomposed snail were allegedly poured out.
- Claim: Mrs. Donoghue became ill (gastro-enteritis) and sued the manufacturer for negligence.
- Defense: No contract between Mrs. Donoghue and the manufacturer.
- Liability can exist based on negligence, irrespective of a contract.
- A manufacturer owes a duty of care if:
- They sell products intended to reach the ultimate consumer in the same condition as they left the manufacturer.
- There is no reasonable possibility of intermediate examination of the product.
- The manufacturer knows that a lack of reasonable care in preparation/packaging could result in injury to the consumer's life or property.
- This establishes a duty to take reasonable care.
- Claimant's Burden: The claimant must prove:
- The manufacturer failed to take reasonable care.
- The defect caused by the manufacturer's carelessness caused the damage.
- Causation: Difficult to prove the medical product (e.g., a drug) caused the damage, rather than a pre-existing condition.
- Issue: Plaintiff couldn't prove the pertussis (whooping cough) vaccine was capable of causing the suffered damage.
- Outcome: Claim failed (compensation later paid under the Vaccine Damage Payments Act 1979).
- The common law action for negligence established in Donoghue v Stevenson remains valid and was not extinguished by the introduction of the CPA.
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