Rylands v Fletcher

Facts

• The defendant built a reservoir on his land
• Water from the reservoir escaped through old mine shafts and flooded the plaintiff's adjoining mine
• The defendant was not negligent; the reservoir was properly constructed; the old shafts were unknown

Issue

1. Whether a person is liable for damage caused by escape of a dangerous substance from their land even without negligence.

Held

• A person who for his own purposes brings on his land anything likely to do mischief if it escapes must keep it at his peril
• If it escapes, he is prima facie answerable for all damage which is the natural consequence of its escape
• No negligence needs to be proved
• The use must be "non-natural use" of land

Ratio Decidendi

Strict liability for non-natural use of land: (1) Non-natural use, (2) thing likely to do mischief, (3) escape from defendant's land = liability WITHOUT proof of fault. Defences available: Act of God, plaintiff's fault, act of stranger, statutory authority, consent.