Rylands v Fletcher

A person who brings onto his land something likely to do mischief if it escapes, in the course of a non natural use of the land, is strictly liable for the damage caused if it escapes.

Citation
(1868) LR 3 HL 330
Court
House of Lords
Year
1868
Subject
Tort Law
Topic
Nuisance and Rylands v Fletcher

Facts

Mr Rylands, a mill owner, employed independent contractors to build a reservoir on his land to supply water to his mill. Under the land there were disused mine shafts, which the contractors negligently failed to block up. When the reservoir was filled, the water burst through the old shafts and flooded Mr Fletcher's coal mine on neighbouring land. Mr Rylands himself had not been negligent.

Legal principle

The House of Lords held that Mr Rylands was liable. Blackburn J, in the Court of Exchequer Chamber, had said that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. Lord Cairns LC, in the House of Lords, added that the rule applied to a non natural use of the land. Liability is strict, so it does not depend on negligence.

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