RYLANDS V FLETCHER

1. Definition

Strict liability tort protecting landowners from damage caused by the escape of dangerous things accumulated on land. Claimant must have property interest; liability arises regardless of negligence. 

Rylands = strict liability, non-natural use of land, escape, and foreseeable damage.

Examples: Rylands v Fletcher – reservoir escaped via old mine shafts, flooding neighbour’s coal mine; Cambridge Water Co v Eastern Counties Leather – chemicals contaminated water supply, showing Rylands is now closely linked to nuisance.

2. Elements of Rylands v Fletcher

• Accumulation of a “thing”: Defendant must bring onto their land a substance or object not naturally present. Natural occurrences excluded. Examples: 

  • Giles v Walker – naturally growing thistles not liable; 

  • Ellison v Ministry of Defence – rainwater naturally accumulated, no liability; 

  • Read v Lyons – explosion inside factory not an escape.

• Likely to cause mischief if it escapes: Accumulated thing must be capable of causing foreseeable damage. Focus on property rather than personal injury. Examples: 

  • Hale v Jennings Bros – fairground ride parts caused damage, liable; 

  • Transco v Stockport MBC – domestic water pipe, no liability; 

  • Stannard v Gore – fire spread, tyres did not escape, no liability.

• Non-natural use of land: Use must be unusual or extraordinary, increasing risk of harm. Ordinary domestic or public utility use generally not liable. Examples: 

  • Rickards v Lothian – domestic water supply natural use, no liability; 

  • Cambridge Water Co – storing hazardous chemicals non-natural, liable.

• Escape and foreseeable damage: Thing must escape from defendant’s land and cause reasonably foreseeable damage. Damage within defendant’s land insufficient. Examples: 

  • Hale v Jennings Bros – detached chair escaped, liable; 

  • Cambridge Water Co – distant contamination too remote.

3. Defences

• Act of God: Escape caused by exceptional natural forces, unforeseeable. Example: Nichols v Marsland – lakes burst from extreme thunderstorms, no liability.

• Act of a stranger / third party: Escape caused by someone outside defendant’s control. Example: Perry v Kendricks Transport – fuel tank tampered by stranger, no liability.

• Consent (Volenti): Claimant consented to dangerous thing or benefited from it. Example: Peters v Prince of Wales Theatre – tenant consented to sprinkler system.

• Statutory Authority: Activities required or authorised by statute may provide defence if properly executed. Examples: Green v Chelsea Waterworks – statutory water main installation, liability upheld; Charing Cross Electricity – statutory permission did not excuse hazardous use.

• Contributory negligence: Claimant contributes to escape or damage; damages reduced. Examples: Ponting v Noakes – horse ate poisonous leaves, claimant’s fault; Sayers v Harlow – claimant’s own actions contributed, damages reduced.

4. Remedies

• Damages: Compensation for property damage, repair costs, loss of use. Personal injury normally not recoverable. Examples: Transco v Stockport MBC – Rylands protects land, not people.

• Injunctions: Preventative relief to stop ongoing or future risk. Balanced against public utility.

• Abatement (self-help): Claimant may take reasonable steps to stop or remove danger. Must be proportionate to avoid trespass or nuisance.