ABSTRACT

This chapter explains the rule in Rylands v Fletcher – a special principle, within the tort of private nuisance, dealing with the isolated escape of dangerous things from land. It looks at who can make a claim, noting the nature of the claim as protecting land, resulting in the requirement for the claimant to have an interest in the land affected. Then it explains the elements of the claim, noting that liability arises where: the defendant made a non-natural use of their land; by bringing a dangerous thing on to the land; which escapes and causes damage. The chapter also explains that the rule imposes strict liability, so that where the elements of the claim are established the defendant is liable without proof of fault.