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
    The multilateral system undermined-Dr Gonsalves
    Front Page
    The multilateral system undermined-Dr Gonsalves
    Webmaster 
    January 6, 2026
    LEADER of the Opposition, Dr. Ralph Gonsalves, at a press conference yesterday, January, 5 2026, commented on “the matter in Venezuela and the presenc...
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Front Page
    ULP did not plan to send home housing workers – Dr Ralph Gonsalves
    Webmaster 
    January 6, 2026
    THE 180 WORKERS and housing assessors who were dismissed at the end of 2025 from the Reconstruction/ Rehabilitation Programme that was being run by th...
    Venezuelan Ambassador gravely concerned about safety of the region
    Front Page
    Venezuelan Ambassador gravely concerned about safety of the region
    Webmaster 
    January 6, 2026
    AMBASSADOR of Venezuela to St Vincent and the Grenadines (SVG), Perez Santana, has expressed grave concern about the safety of the region following th...
    SVG Tourism still untapped says PM Friday
    Front Page
    SVG Tourism still untapped says PM Friday
    Webmaster 
    January 6, 2026
    THE POTENTIAL OF St Vincent and the Grenadines (SVG), as it relates to tourism, and other economic drivers is untapped. This is the assessment of Prim...
    SVG emerges as New Caribbean Hotspot
    Front Page
    SVG emerges as New Caribbean Hotspot
    Webmaster 
    January 6, 2026
    ST.VINCENT ANDTHE GRENADINES (SVG), is seeing a boom in US tourism with a 49. 5% increase in arrivals. Once a quiet, off-the-radar destination, St. Vi...
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Press Release
    SVG CUBA Friendship Society condemns US military action in Venezuela
    Webmaster 
    January 6, 2026
    THE SVG CUBA FRIENDSHIP SOCIETY has described the US military incursion into Venezuela on Saturday, January 3 2026 as a “Violation of Venezuela’s sove...
    News
    Poetry gave best-selling author her wings (+Video)
    News
    Poetry gave best-selling author her wings (+Video)
    Webmaster 
    January 6, 2026
    BEST-SELLING AUTHOR, educator and cultural practitioner, Zenna Lewis is currently working on her third and fourth publications, even as she sends a wo...
    Murder-accused to be back in court February 2
    From the Courts, News
    Murder-accused to be back in court February 2
    Webmaster 
    January 6, 2026
    A MAN WHO is alleged to have killed his nephew during an argument is expected back at the Serious Offences Court for his second court appearance on Fe...
    Youth takes out his jealousy on rival’s glass windows
    From the Courts, News
    Youth takes out his jealousy on rival’s glass windows
    Webmaster 
    January 6, 2026
    AYOUNG MAN, who broke his ex-girlfriend’s new boyfriend’s glass window and damaged his tiles on Christmas night was given a suspended sentence and ord...
    Questelles school to be rebuilt within three months
    News
    Questelles school to be rebuilt within three months
    Webmaster 
    January 6, 2026
    THE PORTION OF the Questelles Government School that was ravaged by fire on the afternoon of December 29, 2025 should be back in operation by April, 2...
    Dr. Friday promises best practices in Parliament
    News
    Dr. Friday promises best practices in Parliament
    Webmaster 
    January 6, 2026
    PRIME MINISTER, Dr. Godwin Friday said his government is fully committed to upholding the Constitution of St Vincent and the Grenadines (SVG) in the H...

    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