The modern law of negligence was established in Donoghue v Stevenson (1932) case. In this case in 1928 Mrs Donoghue’s friend bought her a ginger-beer from Wellmeadow Café in Paisley but when she poured the drink into another bowl the decomposed remains of a snail floated causing Mrs Donoghue alleged shock and severe gastro-enteritis. Therefore, she issued proceedings against Stevenson, the manufacture, which went to the House of Lords. The argument was that a manufacturer who puts a product on the market which does not allow the consumer to see it before using it, is liable for any damage caused. The ginger beer bottle was dark and opaque which didn’t allow Mrs Donoghue to see the snail before drinking it. Lord Atkin of Aberdovey who gave the leading judgment in the case, found in favour of May Donoghue. This created the Neighbour Principle which is a principle of English law that states a person should take reasonable care to avoid acts that could reasonably foresee as likely to cause injury to the neighbour. A negligence claim consists of four different elements of which the plaintiff must prove to establish negligence; duty of care, breach of duty, causation and damage.

In negligence cases, compensation is the usual remedy awarded. The purpose of tort damages is to put the claimant, as far as money can do so, in the position he/she would have been in if the tort had not occurred. Positives of compensation include that it gives money which can be used to support the new adapted lifestyle. Money is also seen as the ‘next best thing’ in order to amend the situation. An example of this Kerstin Parkin who suffered brain damage during childbirth due to hospital staff failing to take basic steps to prevent damage and a cardiac crash team could not reach her because they did not have the security code to get into the labour ward. She was awarded with a lump sum of £7 million plus £250,000 a year on the expectation that she will live another 50 years. The compensation reflects the cost of providing treatment, equipment and 24-hour care which Mrs Parkin will need for the rest of her life. However, money doesn’t physically fix the situation as it doesn’t replace the actual loss but tries to resolve the problem with mon