How do you get a snail into a bottle of ginger beer? It may seem an odd question, but in actual fact it underpins the entire concept of personal injury law. Let us explain…
The story begins back in 1932 when Mrs Donoghue bought a bottle of ginger beer in a café in Paisley, Scotland. She poured some of the drink into a tumbler of ice cream to make an ice cream float, which she continued to drink. She then poured the remainder of the liquid and to her dismay out came a decomposed snail. Consequently she became unwell with severe gastroenteritis and pursued legal action against the ginger beer manufacturer, Mr Stevenson.
The case went all the way to the House of Lords, who eventually decided the manufacturer owed her a duty of care which had been breached. In failing to ensure the product’s safety, Mr Stevenson had acted negligently, thereby causing Mrs Donoghue to suffer an injury. She was awarded £200 in an out of court settlement.
This tale is of upmost importance to English tort law, as it set a binding precedent in which the idea of negligence was born. This precedent is still in use today, and as in Donoghue v Stevenson, the courts will consider whether a personal injury claimant:
- Was owed a duty of care by the defendant, and if so
- Whether this duty of care was breached by the defendant, and if so
- Whether this breach of duty caused the claimant to suffer an injury, physically, emotionally or financially
If all these things can be established, you will have been injured by the negligence of another party, just as Mrs Donoghue was. You will therefore be legally entitled to pursue a compensation claim.
If you are not entirely certain whether or not you have been the innocent victim of negligence, the easiest way to find out is to contact us and speak to a solicitor who specialises in this area of the law.
After a short discussion, we will be able to clarify your legal position, helping you to understand if you are eligible to make a claim. We will also be more than happy to answer any questions you might have. But please, don’t ask us how to get a snail into a bottle of ginger beer – we’re just as stumped as you are.
If you have any injury questions, please call us on 01772 424999, email enquiries@solicicitordirect.com or use the form below. As always our initial advice is always free of charge.
