Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
July 12, 2019

Negligence

It is important to note from the start that negligence could be the reason for a tort or a criminal action. It is however the aim of this article to deal with negligence in tort. Negligence is a fairly modern tort. It has become very important because of the complex nature of society and the numerous interactions between individuals. There could be negligence where the driver of a motor vehicle runs into another vehicle, injuring persons and damaging property; or where a doctor performs an operation carelessly so as to cause serious injury to an individual; or a manufacturer produces a defective product that causes injury to the purchaser.

Three judges in England during the late 1800s and the early 1900s gave shape and form to the law that is presently used to determine cases of negligence. In 1856, Alderson B in Blyth v Birmingham Waterworks Co. thought that negligence was doing something or omitting to do something that a prudent and reasonable person would do. In 1932, Lord Atkin provided another dimension to the law in his famous “neighbour principle”. In 1934,, Lord Wright in Lochgelly Iron and Coal Co v Mc.Mullan went a step further and put forward a three dimensional test which involves (1) a duty of care to the claimant, (2) breach of that duty by the defendant and (3) damages caused to the claimant. In a court of law these three elements must be proven for a claimant to be successful in proving negligence.

Lord Atkin’s celebrated case of Donohue v Stevenson (1934) provides distinctive guidance on the duty of care that we all owe to persons with whom we come into close contact or who are directly affected by our acts. It is the product that you buy from the company that establishes the duty of manufacturer and consumer. In the case that he considered, the plaintiff bought ginger beer in a dark opaque glass bottle from a retailer. The plaintiff had already consumed a glass of the beer and was pouring another drink into a glass when she noticed the decomposed remains of a snail floating from the bottle. She became sick afterwards and sued the manufacture of the drink for negligence.

The manufacture has a duty to provide a product that is clean and healthy for his consumers. The honourable judge in that case also made it quite clear that we should take ‘reasonable care to avoid acts or omissions which you can reasonably foresee that would be likely to injure your neighbour.” (Donoghue v Stevenson, 1934).

In pleading your case your lawyer must convince the court that there is a duty of care owed to you by the defendant. There have been many recognized instances where the duty of care arises.
Professional people have a duty of care to persons with whom they have a professional relation; the driver of a vehicle has a duty of care to his passenger; employers to their employees and occupiers of property to visitors or even the trespasser.

You may wonder what duty could one have to a trespasser, but there is that duty of common humanity which is expected of you so that you do not leave an open hole on your premises so that anyone could stumble into and you do not leave a live electric wire on your property which could cause death to anyone who happens to become entangled in it. Take care! Remember others when you act. Harm can come if you are not careful. Don’t make your anger result in harm to your neighbour.

Ada Johnson is a solicitor and barrister-at-law. E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Mexico in turmoil  after cartel boss killed
    Regional / World
    Mexico in turmoil after cartel boss killed
    Webmaster 
    February 24, 2026
    Members of the Jalisco New Generation Cartel (CJNG), one of the most powerful and feared criminal organisations in Mexico, have unleashed a wave of vi...
    New Board nominees under scrutiny
    Front Page
    New Board nominees under scrutiny
    Webmaster 
    February 24, 2026
    INFORMATION on the composition of the Boards of Statutory and Quasi- government bodies was released at the weekend in the public domain and has been d...
    US Secretary of State Marco Rubio to attend CARICOM Heads Meeting
    Front Page
    US Secretary of State Marco Rubio to attend CARICOM Heads Meeting
    Webmaster 
    February 24, 2026
    S SECRETARY of State Marco Rubio, will travel to St Kitts and Nevis on Wednesday, February 25, 2026 to participate in the 50th Regular Meeting of the ...
    PM Dr Godwin Friday heads 7-member delegation to CARICOM Heads Meeting
    Press Release
    PM Dr Godwin Friday heads 7-member delegation to CARICOM Heads Meeting
    Webmaster 
    February 24, 2026
    THE STAGE IS SET for what has been billed as one of the most significant gatherings in Caribbean history- the 50th Regular Meeting of the Conference o...
    John dominates in the All-Leeward Athletics Championship
    Front Page
    John dominates in the All-Leeward Athletics Championship
    Webmaster 
    February 24, 2026
    SENIOR LONG-DISTANCE athlete Kesiann John of Central Leeward Secondary School (CLSS) delivered an outstanding performance at the annual All-Leewards A...
    Gonsalves celebrates 32 years as representative for North Central Windward
    Front Page
    Gonsalves celebrates 32 years as representative for North Central Windward
    Webmaster 
    February 24, 2026
    FORMER PRIME MINISTER and Leader of the Opposition in St.Vincent and the Grenadines Dr. Ralph Gonsalves, on Saturday, February 21, 2026, celebrated 32...
    News
    HM Prisoners to launch book of Poetry and Prose
    News
    HM Prisoners to launch book of Poetry and Prose
    Webmaster 
    February 24, 2026
    HOBO JUNGLE PRESS will launch “Written: Poetry and Prose by Inmates of His Majesty’s Prisons, St. Vincent and the Grenadines” at the University of the...
    Minister welcomes plans to raise Age of Consent
    News
    Minister welcomes plans to raise Age of Consent
    Webmaster 
    February 24, 2026
    MINISTER OF FAMILY, Gender Affairs, Persons with Disabilities and Labour, Laverne Gibson-Velox, has commended the government’s commitment to increasin...
    East Kingstown MP promises to improve road at Dorsetshire Hill
    News
    East Kingstown MP promises to improve road at Dorsetshire Hill
    Webmaster 
    February 24, 2026
    MINISTER OF FOREIGN Affairs and Member of Parliament for East Kingstown, Fitzgerald Bramble, says long-standing issues with the roads in Dorsetshire H...
    Opposition Leader misled the people of North Central  Windward – Senator Neptune
    News
    Opposition Leader misled the people of North Central Windward – Senator Neptune
    Webmaster 
    February 20, 2026
    The candidate for the victorious New Democratic Party in the 2025 general elections, Chieftan Neptune has claimed Opposition Leader Dr. Ralph Gonsalve...
    Young men await sentencing following brawl in Kingstown
    News
    Young men await sentencing following brawl in Kingstown
    Webmaster 
    February 20, 2026
    Three teenagers and a 23-year-old who were charged following a violent brawl in Kingstown on Friday, February 13, 2026 appeared in court on Tuesday, F...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok