Facts
- The claimant suffered mental injury after seeing the remains of a dead fly in an unopened bottle of water he had purchased
- No physical injury occurred like in Donoghue v Stevenson [1932]
Issue
- In what circumstances could recovery for mental injury be allowed; could recovery be allowed on these facts
Decision
- No liabilty
Reasoning
- Mental injury must be reasonably foreseeable, in this case it was not
- The ‘eggshell skull’ rule would only apply if the defendant knew of the specific vulnerability of the claimant, which they didn’t. It would therefore be unreasonable to impose such liability
