Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Chatham Bay sale a betrayal, says Union Island resident
    Front Page
    Chatham Bay sale a betrayal, says Union Island resident
    Webmaster 
    September 1, 2026
    The government’s decision to sell approximately 100 acres of land at Chatham Bay for preservation purposes at a cost of EC$52.7 million dollars is not...
    CED unveils US$ 4.6m. five-year strategic plan
    Front Page
    CED unveils US$ 4.6m. five-year strategic plan
    Webmaster 
    September 1, 2026
    The Centre for Enterprise Development Inc. (CED), has unveiled a US$4.64 million five-year strategic plan aimed at strengthening the organisation’s su...
    Taiwan-SVG mark diplomatic milestone with Youth Cultural showcase
    Front Page
    Taiwan-SVG mark diplomatic milestone with Youth Cultural showcase
    Webmaster 
    September 1, 2026
    A vibrant cross-cultural showcase by a 30-member delegation of Taiwan International Youth Ambassadors has brought fresh energy to the 45-year diplomat...
    Ralph Gonsalves speaks unity to PNM in Trinidad
    Front Page
    Ralph Gonsalves speaks unity to PNM in Trinidad
    Webmaster 
    September 1, 2026
    There will be dissonances because my brother… [Colm] Imbert, [former Finance Minister], there are dissonances in every symphony. And how do we deal wi...
    Young Vincentian advocates for youth Empowerment
    Front Page
    Young Vincentian advocates for youth Empowerment
    Webmaster 
    September 1, 2026
    Young Vincentians possess the undeniable capacity to steer their nation’s future, but they urgently require dedicated structural platforms to effectiv...
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    News
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    Digicel expands Full-Fibre Network
    News
    Digicel expands Full-Fibre Network
    Webmaster 
    September 1, 2026
    Telecommunications company Digicel, has announced a major expansion of its end-to-end fiber network across St. Vincent that will put its services with...
    Rodney Small wants to see SHESO pan yard transformed
    News
    Rodney Small wants to see SHESO pan yard transformed
    Webmaster 
    September 1, 2026
    President of the Youlou Pan Movement (YPM), Rodney Small, has proposed that the Sion Hill Euphonium Steel Orchestra’s (SHESO) pan yard located at Sion...
    Founder of Straker’s Records dies at 86
    News
    Founder of Straker’s Records dies at 86
    Webmaster 
    September 1, 2026
    The renowned Vincentian, music producer and pioneering founder of Straker’s Records has died in his adopted home, the USA. His family announced that S...
    African snails ‘terrorising’ Clare Valley residents
    News
    African snails ‘terrorising’ Clare Valley residents
    Webmaster 
    August 28, 2026
    Some residents of Clare Valley in the South Leeward constituency are calling on the relevant authorities to address an infestation of African snails i...

    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