A shopkeeper in Minehead sold a ‘blank cartridge pistol’ to a twelve year old boy. Later, when the boy fired the pistol in the air, the plaintiff was injured by a tiny piece of copper going into his eye.
Held: The duty of care was owed not only to the boy who bought the gun. The shopkeeper also owed a duty of care towards ‘all such persons as may reasonably be contemplated as likely to be endangered’.
Judges:
Atkinson J
Citations:
[1939] 2 KB 743
Citing:
Applied – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Cited by:
Cited – The Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 13 May 2022; Ref: scu.193883