As any student learning about tort law will learn, the case of Donoghue v Stevenson was a landmark decision, impacting our modern concept of negligence. Also known as the “snail in the bottle case,” the case began in the late 1920s, with a decision rendered in 1932.
Why This Case Matters
This case established the general legal principle that manufacturers are responsible for the products they make, even when the product reaches the end consumer. In other terms, this case established that manufacturers owe a duty of care to the consumers who will ultimately wind up using or consuming those products. What does this mean? Well, owing a duty of care to consumers means, basically, that manufacturers must take reasonable care to ensure that their products are free from flaws that are likely to cause harm. This comes from Lord Atken’s so-called “neighbour principle” – which is, basically, that everyone must take reasonable care to avoid any action or omission that could likely cause injury to their “neighbour.”
This Seems Obvious...
Of course, the idea of manufacturers’ liability makes sense to us know, but at the time, manufacturers could basically only be sued by the retailer who directly purchased the product, not the end user. So even if you bought something that injured you or made you sick, if you bought it at a store or a bar or a restaurant, you were out of luck.
The Bit We Learn In School
Mrs. Donoghue went to a cafe in Paisley, Scotland in 1928. While there, her friend bought her a ginger beer float. The cafe owner brought over an opaque bottle of ginger beer, manufactured by Stevenson, opened it and poured some out. When Mrs. Donoghue’s friend poured out the rest, a decomposed snail fell out. Mrs. Donoghue became ill and sued Stevenson.
This was an interesting approach to take because, just three weeks prior, there was a decision in a case called Mullen v AG Barr & Co Ltd. This case featured remarkably similar facts and a ruling that was not in Mrs. Donoghue’s favour. Still, she decided to sue anyway and won – changing the landscape of tort law, and ruining the idea of ginger beer floats for law students for decades to come.
So What Really Happened
Our story really begins in late August of 1928. Mrs. May Donoghue was recently separated from her husband, despite years of marriage and four children (only one of whom survived to adulthood). She travelled to visit a friend in Paisley, Scotland, presumably, to get a brief reprieve from her stressful circumstances. Though she had very little money, her friend treated her to a Scotsman Float at the Wellmeadow Cafe. A Scotsman Float is a treat consisting of ginger beer poured over ice cream.
Because it was the 1920s, or because the service at the Wellmeadow Cafe was stellar, the owner delivered the float to their table himself. He opened the bottle in their presence and poured out the first little bit over the ice cream.
After some time and some conversation, May’s friend reached over, grabbed the bottle, and topped up her float. And that’s when a decomposed snail fell out.
Now, sure, we can safely compose deceased snails. I mean, your local seafood restaurant charges a fortune for it. But consuming an deceased and decomposing snail is a recipe for ailment, as May would soon experience. After consulting with a doctor, and being admitted to hospital, she was diagnosed with gastroenteritis and shock.
So, what’s a poor, single mom to do? How about hire the same lawyer who lost the Mullen v A.G. Barr case mere weeks prior. Attorney Walter Leechman argued her case over a number of years and through several different levels of court. Funds must have been running low for poor May and her attorney. At one point, in order to avoid providing security for legal costs at the House of Lords, she had to file an affidavit attesting to her status as a pauper. This affidavit stated “I am very poor. I am not worth five pounds in all the world.” Thankfully, her request was granted and the House of Lords heard her case without the need for security.
Several years after first consuming a decomposing snail, May eventually secured a settlement for 200 pounds (about 16,709 pounds or $30,676 in today’s funds). After her victory, she went to live with her son for a time. Once he married, she moved into her own home but remained a close, active, and doting grandparent.
Sadly, May died in 1958 of a heart attack, at the age of 59.
May's Influence
May’s case had a lasting influence on liability law, and indeed, tort law in general. Pretty impressive for a single mom with less than 5 pounds to her name.