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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • 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
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • 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
    Elderly woman was raped and strangled Autopsy Report
    Front Page
    Elderly woman was raped and strangled Autopsy Report
    Webmaster 
    July 14, 2026
    AS FAMILY MEMBERS PREPARE to lay Lida Lewis to rest, some still cannot come to terms with the fact that an autopsy has revealed that she was raped and...
    Gov’t reaffirms commitment to fiscal consolidation and growth
    Front Page
    Gov’t reaffirms commitment to fiscal consolidation and growth
    Webmaster 
    July 14, 2026
    THE GOVERNMENT of St.Vincent and the Grenadines (SVG) said it has noted the recent release of information by Moody’s Ratings, which downgraded the sov...
    Gonsalves willing to help fashion case for support systems
    Front Page
    Gonsalves willing to help fashion case for support systems
    Webmaster 
    July 14, 2026
    FORMER PRIME MINISTER Dr. Ralph Gonsalves has expressed concerns that any economic fallout in OECS countries that have Citizenship by Investment (CBI)...
    OECS Heads respond to EU ultimatum on CBI programme
    Front Page
    OECS Heads respond to EU ultimatum on CBI programme
    Webmaster 
    July 14, 2026
    IN THE WAKE of a demand by the European Union for countries in the Organisation of Eastern Caribbean States (OECS) to phase out their Citizenship by I...
    National Centre for Technological Innovation pilot-testing AI use for schools
    Front Page
    National Centre for Technological Innovation pilot-testing AI use for schools
    Webmaster 
    July 14, 2026
    CHIEF EXECUTIVE OFFICER of the National Centre of Technological Innovation Inc., Petrus Gumbs, is aiming to work alongside the Ministry of Education t...
    Glen homicide victim described as easy-going
    Front Page
    Glen homicide victim described as easy-going
    Webmaster 
    July 14, 2026
    A 35-YEAR-OLD vendor from Glen who died in a hail of bullets at the weekend has been described by more than one person as easy going and quiet. Sandre...
    News
    Julien launches Heritage Keepsakes Collection in tribute late father
    News
    Julien launches Heritage Keepsakes Collection in tribute late father
    Webmaster 
    July 14, 2026
    NATIONAL ARCHIVIST and entrepreneur Jeon Julien, has officially launched the Heritage Keepsakes Collection, a handcrafted line of souvenirs inspired b...
    Banks should explain better says ECCB
    News
    Banks should explain better says ECCB
    Webmaster 
    July 14, 2026
    THE EASTERN Caribbean Central Bank (ECCB) is asking commercial banks in the region to provide more information when it comes to certain products custo...
    Curtains come down on VincyMas 2026
    News
    Curtains come down on VincyMas 2026
    Webmaster 
    July 10, 2026
    J’Ouvert Fanatics monopolised the competition by securing a staggering seven first-place finishes in the 2026 J’ouvert results on the morning of Monda...
    Ministry of Education  considering plan to help boys boost academic performance
    News
    Ministry of Education considering plan to help boys boost academic performance
    Webmaster 
    July 10, 2026
    The Ministry of Education is considering the introduction of a gender-targeted literacy and student engagement programme as part of a broader strategy...
    Flow of CDC shows marred by late start
    News
    Flow of CDC shows marred by late start
    Webmaster 
    July 10, 2026
    Official shows at Independence Park organised by the Carnival Development Corporation (CDC), were plagued by late starts, long breaks, and unexplained...

    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