... no duty of care, as they believed the claimant should have checked the scaffolding before using it. There was no negligent act of the scaffolding company that resulted in the harm. The basis of the Donoghue v Stevenson 3 case was there was a duty of care towards the consumer from the manufacturer to make sure there were no harmful substances in their product. As the manufacturer had breached their duty of care towards the consumer she became injured as a result. The House of Lords established that there was an existence of negligence in tort. Lord Atkin gave the predominant speech which decided the case. He claimed a duty of care could be found or sought after and so then an action in negligence can go forth. " You must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely to injure your neighbour." As there was ...

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