Read v. J. Lyons and Co. Ltd.

Facts

• The plaintiff was employed as an inspector at a munitions factory
• A shell being manufactured on the premises exploded, injuring the plaintiff while she was present within the factory
• No dangerous substance escaped to a place outside the defendant's occupation or control
• The plaintiff sought to rely on Rylands v Fletcher strict liability

Issue

1. Whether the Rylands v Fletcher rule applies where the plaintiff is injured by a dangerous activity while present within the defendant's own premises, without any escape to an outside location.

Held

• Rylands v Fletcher requires an actual escape of the dangerous thing from the defendant's premises to a place outside their occupation or control
• Since the plaintiff was injured within the factory itself, with no such escape, this essential element was missing
• The rule did not apply; the plaintiff's claim would need to rest on ordinary negligence principles instead

Ratio Decidendi

Strict liability under Rylands v Fletcher is confined to situations involving an actual escape of the dangerous thing to a place outside the defendant's occupation or control. Harm occurring to a person present within the defendant's own premises does not satisfy this requirement, however hazardous the underlying activity.