Rylands v Fletcher

Facts

A mill owner employed contractors to build a reservoir. They negligently left mine shafts under it. Water escaped into the neighbour's mine.

Issue

Is a person liable for the escape of something dangerous brought onto the land, even without negligence proved against him personally?

Held

Yes. The House of Lords held him liable. The person who, for his own purposes, brings onto his land something likely to do mischief if it escapes, keeps it at his peril.

Principle

Non-natural use of land, plus escape of a dangerous thing, gives rise to liability without proof that the occupier was personally careless.

Why it matters

Here it is a limit on what the fee simple owner may do. The full tort treatment is in Lanbuk on the Law of Torts, and the judgment is also on the case shelf.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.