Rylands v Fletcher

Rylands v Fletcher

1. imposes strict liability where an isolated escape has occured

   • must know or ought reasonably forsee that damage from escape could occur (not the escape itself)

2. Non-natural user of land

   • accumulation must be for non-natural use
   • All combustible materials are non- natural - ie petrol
   • Chemicals

3. Brings onto land and accumulates there

   • Not naturally there so spread of thistles not R v F

4. For own purposes anything likely to do mischief

   • dangerous things
     • acid
     • explosives
   • relatively safe things until they escape
     • must be non-natural

5. Escape

6. forseeability of damage is necessary

   • not the escape itself

7. defences

   • consent or common benefit
   • act or default of claimant
   • Statutory authority
   • Act of stranger
   • Act of god