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
      • Privacy Policy
      • 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
      • 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
    Gov’t to pay bonuses by January30
    Front Page
    Gov’t to pay bonuses by January30
    Webmaster 
    January 27, 2026
    THE DR. GODWIN FRIDAY administration will be making bonus payments to an estimated 12,000 public workers, and that money will be paid by Friday, Janua...
    Opposition Leader writes to Speaker on questions she deems inadmissible
    Front Page
    Opposition Leader writes to Speaker on questions she deems inadmissible
    Webmaster 
    January 27, 2026
    LEADER OFTHE OPPOSITION Dr. Ralph Gonsalves has written to the Speaker of the House of Assembly, Ronnia Durham-Balcombe, concerning her ruling of the ...
    Workers frustrating resumption of Covid-dismissed workers, says PM
    Front Page
    Workers frustrating resumption of Covid-dismissed workers, says PM
    Webmaster 
    January 27, 2026
    SOME GOVERNMENT workers are making it hard for people who were fired under the COVID-19 vaccine mandate to return to work, and this is unacceptable, P...
    Woman overcomes spotty school attendance, graduates university
    Front Page
    Woman overcomes spotty school attendance, graduates university
    Webmaster 
    January 27, 2026
    A YOUNG VINCENTIAN, who was unable to attend both primary and secondary school on a regular basis due to financial difficulties, has overcome the odds...
    Government to close Milton Cato Memorial Hospital
    Front Page
    Government to close Milton Cato Memorial Hospital
    Webmaster 
    January 27, 2026
    MINISTER OF HEALTH, Daniel Cummings, has lauded the health infrastructure in St Vincent and the Grenadines (SVG), and disclosed that the New Democrati...
    SVG Cadets plan virtual reunion as part of 90th anniversary activities
    Front Page
    SVG Cadets plan virtual reunion as part of 90th anniversary activities
    Webmaster 
    January 27, 2026
    THE STVINCENT ANDTHE Grenadines (SVG) Cadet Corps plans to engage with former members, and host a stakeholder reunion as part of year-long activities ...
    News
    Grimble Hall demolished, new structure being erected
    News
    Grimble Hall demolished, new structure being erected
    Webmaster 
    January 27, 2026
    All refurbishment work on Grimble Hall at Girls’ High School (GHS) Grimble has ceased and the building demolished due to structural and other concerns...
    Unemployed persons could receive a benefit from the NIS
    News
    Unemployed persons could receive a benefit from the NIS
    Webmaster 
    January 27, 2026
    UNEMPLOYED PERSONS in St Vincent and the Grenadines (SVG), may be able to receive benefits from the National Insurance Services (NIS) at some point in...
    Vincentian found hanging in Antigua
    News
    Vincentian found hanging in Antigua
    Webmaster 
    January 27, 2026
    VINCENTIAN, MICHAELIA RENEISHA WILLIAMS, a woman who was described by her neighbours as quiet and reserved, was said to be found hanging in her Jennin...
    Opposition leader prepared to don his legal gown again
    News
    Opposition leader prepared to don his legal gown again
    Webmaster 
    January 27, 2026
    OPPOSITION LEADER Dr. Ralph Gonsalves, has made known that he still has a license to practice law, and he does not have a problem going to court to de...
    Covid dismissed workers given deadline – backpay deferred pending review
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    Webmaster 
    January 23, 2026
    PUBLIC SERVANTS who were dismissed for refusing to take the COVID-19 vaccine will not be allowed to return to their jobs after January 30, 2026. And, ...

    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