Negligence is a fundamental legal concept defined as the failure to exercise the appropriate care expected in similar circumstances, resulting in harm caused by the violation of a duty of care. To successfully pursue a negligence claim, a plaintiff generally must establish four key elements: that the defendant owed a duty of care, breached that duty, caused the injury, and that the harm sustained was a foreseeable consequence.
The modern law of negligence, particularly the crucial "duty of care," was famously established in the 1932 British case of Donoghue v Stevenson. In this landmark case, involving a decomposed snail found in a ginger beer bottle, Lord Atkin articulated the influential "neighbour principle," asserting that individuals must take reasonable care to avoid acts or omissions that could foreseeably harm those closely affected by their actions. This principle profoundly shaped negligence law across the Commonwealth.
Subsequently, in England, the Caparo Industries Plc v Dickman case in 1990 introduced a "threefold test" for establishing a duty of care, considering whether harm was reasonably foreseeable, if there was a relationship of proximity, and if it was "fair, just, and reasonable" to impose liability. These developments underscore the ongoing evolution and application of negligence principles in tort law.