Negligence & Torts
4. History of Negligence
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Aug 2015
- The case of Donoghue v Stevenson [1932] AC 562 established the main principle underpinning the tort of negligence. In this case Ms. Donoghue (the plaintiff) drank a bottle of ginger beer purchased by a friend and manufactured by the shopkeeper Mr. Stevenson (the defendant). At the bottom of the bottle were the remains of a decomposed snail. As a consequence Ms. Donoghue suffered severe gastroenteritis and shock. Since no contractual relationship existed between the plaintiff and the defendant Ms Donoghue sued Mr Stevenson for negligence. The court decided on the following principle that became the foundation for the tort of negligence: you must take reasonable care when you are doing anything that may cause harm to your ‘neighbour’.
- Your 'neighbour' in this context is any person whom you might reasonably foresee would be affected by your acts or omissions. Since this beginning tort law in Australia has progressed dramatically and is now regulated by a range of written law applicable in each state and territory in Australia.
- Although the legal principles between the different states and territories are similar the law itself can vary. You should always seek legal advice to ensure that you understand how the law applies to your particular circumstances in the state or territory where you live.
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