I didnât meet Walter Leechman in person â snails rarely get invited to legal consultations â but I heard whispers. A solicitor from Glasgow. Sharp as a tack. Fond of justice. Fond of winning. Fond of the occasional bold legal experiment.
And May Donoghue needed exactly that.
After the ginger beer incident (my unexpected bath), May was shaken, ill, and determined not to let the matter slide. But suing a manufacturer was no small task, especially for a woman with only five pounds to her name.
Enter Walter Leechman:
âąÂ   clever
âąÂ   confident
âąÂ   recently defeated in two similar cases
âąÂ   absolutely itching for redemption
He took Mayâs case on a no win, no fee basis â a brave move, considering the law at the time was about as welcoming to consumers as a hedgehog is to a snail.
Walter sat May down and explained the great family of torts:
âąÂ   Trespass â direct interference
âąÂ   Nuisance â indirect interference
âąÂ   Defamation â harm to reputation
âąÂ   Negligence â the big one, the star of the show, the tort with the most dramatic potential
Negligence, he said, had four parts:
1. Â Â Duty of care
2. Â Â Breach
3. Â Â Causation
4. Â Â Damage
Simple enough on paper.
Trickier when the law hadnât yet decided whether manufacturers owed anything to people who didnât buy directly from them.
Yes, the law said May couldnât sue Stevenson directly because she hadnât bought the ginger beer â her friend had.
A tiny legal loophole.
A massive obstacle.
A perfect challenge for a solicitor with something to prove.
Walter proposed something bold:
A manufacturer should owe a duty of care to the ultimate consumer â even without a contract â if harm is foreseeable.
Revolutionary.
Audacious.
A little bit wild.
And absolutely correct.
He and May knew the case could change everything.
They also knew they were up against entrenched doctrine, sceptical judges, and a legal system not known for its flexibility.
But they pressed on â to Edinburgh, to the Court of Session, and eventually to the House of Lords.
And all because of one small snail who took a wrong turn in a factory.
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