Rylands v Fletcher [1866] LR 1 Ex 265
House of Lords
Facts: A reservoir constructed on B’s land broke and flooded A’s mine due to neglected disused mine shafts.
Issue: Is B liable for damage caused by an escape of something non-natural from his land?
Held: Liable. The court laid out requirements for the nuisance claim. 1) The defendant must have brought something onto the land and it must escape from that land. 2) the defendant made a “non-natural use” of his land. 3)The thing was something likely to do mischief if it escaped. 4) The thing did escape and cause damage.
Lord Cairns LC and Lord Cransworth (Dismissing the appeal):
A landowner is liable for damage caused by the escape of something likely to cause harm if it escapes, regardless of precautions taken. The escape of non-natural things from land is strictly actionable.