The Paisley Snail
On the evening of 26 August 1928, Mrs. May Donoghue was dining out at the Wellmeadow Café in Paisley Renfrewshire Scotland. Mrs. Donoghue's friend ordered a Scotsman ice cream float for May. The owner of the café brought the glass of ice cream and poured most of the bottle of ginger beer creating the float. After a while, Donoghue's friend poured the remaining ginger beer into the glass and a decomposed snail came out as well.
Mrs. Donoghue claimed that as a result of the incident, she became ill and required emergency treatment on the 16thof September. She was eventually diagnosed with severe gastroenteritis and shock.
Mrs. Donoghue sued the manufacturer that was listed on the bottle of ginger beer, David Stevenson. In her suit she claimed that:
1. Stevenson had a duty of care to Donoghue to ensure snails did not get into his bottles of ginger beer
2. he had breached this duty by failing to provide a system to clean the bottles
3. he knew that cleaning was important as the ginger beer would be consumed by people
4. he had left bottles in a location "to which it was obvious that snails had freedom of access"
5. the breach of duty resulted in Donoghue's illness (Taylor)
Should Donoghue be successful in suing Stevenson? Why or why not?