Strict liability | Law Of Tort | Tamil | A.C.Nakshathra

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Strict Liability

The rule of strict liability was laid down in the year 1868. According to this rule, in this case, it was laid down that any person keeping any hazardous substance on his premises would be held liable if that substance escapes from there and harms others. At that point in time, it would be irrelevant, that whether the defendant has taken due care whether he was negligent or not. Under this principle, the person would be held liable even if he had taken proper care, provided there are certain exceptions under which defendant can run off his liability. 

Essentials

1. Dangerous Thing

As per this rule, anything that escapes from the land of one person cause damage to another would be liable under this principle, provided that the things which have been kept should be dangerous i.e. the things which if escapes would cause damage. As in the case of Rylands vs. Fletcher, the thing which was dangerous in this case was a large amount of water being stored. However, noxious fumes, explosives, flag-pole etc are also considered as dangerous in other cases where the rule has been made applicable.

2. Escape

For the application of this principle, it is also necessary that the dangerous object so kept should also escape from the premises of the defendant which leads to a loss or damage to the property of plaintiff. However, if some incident happens due to the plaintiff’s own fault then the defendant won’t be held liable. Like if for example, where the cattle of plaintiff eats poisonous leaves of a plant, planted by a plaintiff in his own premises which not even escapes from his premises then if cattle die by eating such leaves defendant won’t be held liable.
In case of Read vs. Lyons & Co., the plaintiff was an employee under defendant’s ammunition factory. While she was performing her experiment in the defendant’s premises a shell which was manufactured the blast. As a result, the plaintiff suffered an injury. It was held that the defendant was not held liable as the accident occurred in the premises of the defendant.

3. Non-Natural use of Land

Another essential condition for the defendant to be held liable under this principle it is also necessary that there should be the non-natural use of land. As in Rylands vs. Fletcher case, the use of water in such a large amount was the non-natural use of land, storing water in usual amount doesn’t lead to any non-natural use. That is, for the use to be non-natural it must be for special purpose brings with it increased danger to others. As in the case of Sochacki vs. Sas it was held that the fire in a house in a grate is an ordinary, natural use of the fireplace in a room. If this fire spreads to the adjoining premises, the liability under the strict liability rule can’t arise. As it is the natural use of land.