Strict Liability

Meaning:        The strict liability is also known as Absolute liability The Strict Liability principle was laid down in Rylands V. Fletcher, 1868, this case was decided by the House of Lords.  There are situation when a person may be liable for some harm even though he is not negligent in causing the same, or there is no intention to cause the harm, or sometimes he may even made some positive efforts to avoid the same.  In other words, sometimes law recognize "No fault" liability.

In this Case defendant constructed a water reservoir to provide water to his mill.  Defendant employed independent contractor to construct failed to observed & so did not block them.  When the water was filled in the reservoir, it burst through the shafts and flooded the plaintiff's coal mines on the adjoining land.  The defendant did not know of the shafts and had not been negligent although the independent contractors had been.  The plaintiff incurred expenses of 950 pounds to pump out the water.   The plaintiff filed suit against defendant claiming compensation.

Court held defendant liable even though there was no negligence on the part of defendant

Blackburn J   Formulated the rule in this case that "If any person brings, keeps and collects anything on his land which is not naturally there, if that things escaped, then he shall be liable for the consequences.  It may not even his fault in escape of that thing.  He must keep the thing at his own peril."

Blackburn J   further stated that he can excuse himself by showing that the escape was owing to the plaintiff's default or perhaps that the escape was the consequence of vis major or the act of God.

According to this rule. If a person brings on his land and keeps there any dangerous thing which is likely to do mischief if it escapes, he will be prima facie answerable for the damage caused by its escape even though he had not been negligent in keeping it there.  The liability arises not because there was any fault or negligence on the part of a person, but from there and caused damage.  Since in such a case the liability arise even without any negligence on the part of the defendant, it is known as the rule of Strict Liability.