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.

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