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ARTICLE · 10 DECEMBER 2025

Common Law And The Evolution Of Negligence Claims

Lerners LLP
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In every first-year torts course, new law students learn about the case that reshaped modern civil liability: Donoghue v Stevenson (1932). It is known as the "snail in the ginger beer" case...

CanadaLitigation, Mediation & Arbitration
Andrew Murray
Andrew Murray
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In every first-year torts course, new law students learn about the case that reshaped modern civil liability: Donoghue v Stevenson (1932). It is known as the "snail in the ginger beer" case, and its core insight remains as relevant today as it was nearly a century ago.

Mrs. Donoghue fell ill after consuming ginger beer from an opaque bottle in which a decomposed snail was said to have been present. The House of Lords in Britain held that a manufacturer owes a duty of care to the ultimate consumer, even where there is no contract between them.

"NEIGHBOUR PRINCIPLE"

Lord Atkin's "neighbour principle" captured the point simply: we must take reasonable care to avoid acts or omissions that we can reasonably foresee would be likely to injure those closely and directly affected by what we do.

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