In this article you will learn about What is Strict Liability in Law of Tort.
Strict Liability
The concept of strict liability arose from the case of Rylands v. Fletcher (1868). A strict liability means that anyone who keeps any dangerous chemicals or substance on their property is accountable for any errors made if those substances somehow escape and cause harm. This rule is valid when there was no negligence on the part of the person retaining it, and the burden of proof is always on the defendant to show or prove his innocence. In 1866 Fletcher v. Rylands case, Ryland constructed a reservoir on his land where water was collected in huge amounts to run the mill(constructed artificial lake). While doing his work, the workers buried wet soil in the hole which affected the coal mines of Fletcher(living adjacent to Rylands) as there was a huge amount of water. Fletcher claimed for the damages occurred. The defendant took the plea of the Act of God. The court found that there was no negligence.
Strict liability is also known as ‘No fault Liability’. The rule of strict liability or the rule of Rylands v. Fletcher was profound by Lord Blackburn in the case of Rylands v. Fletcher in 1868 by House of Lords. This rule of strict liability was propounded by Blackburn in these following words; ‘If a person brings on his land and keeps there any dangerous things is that the thing which is likely to do mischief if it escapes(out of possession or control) he will be prima facie answerable for the damage caused by its escape even though he had not been negligent in keeping it there…’ There are some essentials which should be fulfilled to categorise a liability under the head of strict liability.
Essentials of Strict Liability
As per the definition given by Blackburn the following essentials must be proven by the plaintiff to establish the liability of the defendant under the rule of Strict Liability.
- Some dangerous things must have been brought by a person upon his premises which is dangerous by nature and dangerous due to huge quantities like explosives, toxic gases, electricity, fire, water and all types of acids.
- The things must escape. The thing should escape from the premises and shouldn’t be within the reach of the defendant after its escape.
- It must be proven by the plaintiff that there was non natural use of land. If the things are collected in huge quantities or doing any activity where risk is involved leading to loss of life, property to common public health or danger.
Exceptions and Defences
There are following defences of the Rule of Strict Liability.
- Where the plaintiff is himself the wrongdoer. In the case of Ponting v Noakes 1849, horses of the plaintiff crossed the boundaries and entered into the defendant's premises and died because they ate some poisonous leaves there. The court held that it was a wrongful intrusion, and the defendant was not to be held strictly accountable for the loss.
- Act of God - It is a general defence used in tort where an event occurs in which the defendant has no control and the damage is caused by the forces of nature.
- Volenti Non Fit Injuria - consent of the plaintiff. In the case of Carstairs v. Taylor, the plaintiff and defendant were residing on the ground and first floor respectively. There was a consent made between them to use water through the tank. It resulted in leakage which harmed the property of the plaintiff on the ground floor. The court held that the defendant will not be held liable as there was consent, benefit was being taken and ready to bear the risk.
- Act of the third party - The third party means that the individual is not the defendant's employee nor does the defendant have any kind of agreement or authority over their job. However, the defendant needs to exercise caution if the third party's actions are predictable. If not, he will be held accountable.
- Statutory Authority - legal permission by law.
This article on What is Strict Liability Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.