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Unknown Story
Updated: 9/11/2020
Unknown Story
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  • She was unsuccessful at trial and appealed the decision to the House of Lords. Donoghue sued Stevenson, the manufacturer of the drink, for negligence. "Donoghue later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock." The remains of a snail in a state of decomposition dropped out of the bottle into the tumbler. Donoghue's companion ordered a bottle of ginger beer for Donoghue. The ginger beer was in an opaque bottle. Donoghue drank some and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler.
  • The majority states that in these kind of cases the manufacturer does owe a duty of care to future consumers. A manufacturer knows upon production that the overall goal of their product is to be consumed and not simply to be purchased by a distributor. The judges held that this does not mean that they're cannot be a relationship between the two parties in which duty is owed. They also state that "absence of a contract between the two parties" this does not mean that a duty is not owed.
  • I think Overall the court found that in cases like this where the manufacturers are manufacturing goods for the eventual consumption of consumers, they do have a duty to take reasonable care to ensure that their products are safe for consumption.
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