Issue: Jonas has made use of a non-compliant charger and has suffered injury in the form of burns. Now will Jonas be able to sue the manufacturer and be successful in recovering damages or other compensation?
Rules: The decision of Donoghue v Stevenson  AC 562 provides for a strong understanding of the legal relationship between a consumer and a manufacturer. The person who drank the drink with the snail in the bottle was Mrs Donoghue. Although she had not bought the drink herself, the court still held that the manufacturer owed a duty of care to any consumer and should have reasonably foreseen that failure to ensure the safety of the product would affect the consumer (Mason, 1987; Lunney & Oliphant, 2008). According to the negligence principles, the plaintiff who is injured can sue and recover compensation only if they are able to show that a defendant owed them a duty of care. They must be able to show that such a duty of care was breached and it was because of the breach that the plaintiff suffered an injury.
Application: Now applying to the rule to the given situation, Jonas has been given the non-compliant charger by a friend and the charger use resulted in an injury. Now the manufacturer of the charger will owe Jonas or any other consumer, the duty of care. The duty of care to now manufacture an instrument that could harm consumers has been breached here. The breach is that of the injury in the form of burns. Jonas suffered this directly because of the breach.
Conclusion: Jonas can sue the manufacturer of the non-compliant charger and Jonas would be successful.
NSW Fair trading laws have put out a safety alert for non-compliant USB chargers. These non-compliant chargers are hazardous to the consumer as seen in the real life case scenario of Sheryl Aldeguer, 28, who died by electrocution when she was talking on her phone plugged into a non-compliant charger. Given this background context, the purpose of this paper is to analyze a hypothetical case scenario of Jonas who was electrocuted similar to Sheryl Aldeguer and has suffered injuries because he made use of a non-compliant charger that did not have the NSW Fair Trading laws mandated safety mark (Lyons, 2014). Where the safety mark is missing, it is not only the seller of the charger that faces problems of legal prosecution; Jonas might also face charges of contributory negligence towards self.
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