Quote:
Originally Posted by Mindy
In Scotland we have delict, a subset of which is the principle of duty of care.
All about a wee woman in a Glasgow cafe who found a dead snail in her ginger beer bottle (after she finished it). Case is called Donoghue v. Stevenson. Funny story if you can ever be bothered to read it.
|
It is, especially if you have a professor with a sense of humar, and a sharp wit.
Our Prof had us is stitches with the way he described it.
On a more serious note, while the duty of care does allow some amount of damages, it has to be show that that the defendent was neglient and that the outcome was foreseeable.
That then brings in the remotness of damage rules. I.e how likely was the outcome. If the manufacturer had used a reasonable degree of care, then it would probably be considered too remote. After all statistically, anything is possible, and it would be unreasonable and prohibitive to hold someone accountable for an event that while being foreseeable, was very unlikely and the company had taken all reasonable steps
Unfortunately, the US Legal systems, and especially a lay jury's defination of reasonableness will probably be very different from one over here.