Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.

Suggestions

  • Using the decision in Caparo, the manufacturer owes you a duty of care. If harm is reasonably foreseeable because of their conduct, they are in a relationship of proximity with you, and it must be fair, just and reasonable to impose liability.
  • The evidence suggests that it is reasonable to foresee they could harm you through negligent manufacturing. The manufacturer-consumer relationship is one of a close proximity of relationship. It would be fair, just and reasonable to impose liability.
  • The manufacturer has breached that duty with the decomposing snail and you have suffered injury.