Concept of Strict Liability in Torts | Civil Law for Judiciary Exams PDF Download

Introduction

Strict Liability in Torts

• Also known as "No-Fault Liability"
• Implies liability regardless of fault
• Applies to inherently dangerous activities
• Rationale is the foreseeable risk involved

Origin and Application

• Established in the case of Rylands v. Fletcher (1868)
• Principle laid down by Blackburn, J.
• Key Point: Individual liable for any damage caused by activities on their land
• Example: Defendant's reservoir flooded plaintiff's mines

The case of Rylands v. Fletcher

• In the case of Rylands v. Fletcher, the concept of Strict Liability in Torts, also known as "No-Fault Liability," was introduced. This concept dictates that individuals can be held liable for damages regardless of their fault, especially in activities inherently dangerous. This liability is based on the foreseeable risks associated with such activities.
• The case of Rylands v. Fletcher, decided in 1868, set a precedent for this principle. Blackburn, J., emphasized that individuals are responsible for any harm caused by activities on their land, even if they were not directly at fault. For instance, if a reservoir constructed by a mill owner floods a neighboring mine due to unforeseen circumstances, the owner is held accountable.
• This legal doctrine underscores the idea that certain activities are so risky that those engaging in them must bear the responsibility for any resulting harm, irrespective of their intentions or level of caution. The case of Rylands v. Fletcher serves as a significant illustration of the application of strict liability in tort law.

Essentials for Strict Liability in Torts

• Dangerous Thing: To establish strict liability, it is crucial to have a hazardous element involved. This typically refers to substances that can cause harm or mischief if they escape. For instance, in the famous Rylands v. Fletcher case, the dangerous thing was a significant body of water. Other examples include vibrations, electricity, gas, sewage, explosives, and rusty wires.
• Escape Requirement: The hazardous substance must escape from the defendant's property for strict liability to apply. For instance, in Crowhurst v. Amersham Burial Board, the spread of poisonous tree branches from the defendant's land to the plaintiff's land was deemed an escape. Conversely, in Read v. Lyons & Co, where an explosion occurred within the defendant's premises causing harm to an employee, strict liability did not apply as nothing had escaped.
• Damage Suffered: There needs to be provable damage experienced by the plaintiff directly due to the escaped hazardous element. In Weller v. Foot and Mouth Disease Institute, the defendant's closure due to governmental actions causing financial loss was considered sufficient damage in the context of strict liability.
• Non-Natural Use of Land: Lord Moulton in Richard v. Lothian defined non-natural use of land as a specific use that brings increased danger to others, beyond the ordinary or general benefit to the community. Courts determine this based on the circumstances and prevailing social conditions. For example, in Rylands v. Fletcher, storing a large volume of water was seen as non-natural use, whereas storing water for regular domestic use would be considered natural.

Exceptions to the Rule of Strict Liability in Torts

• Default of the Claimant: In certain cases where damage is caused by the plaintiff's own actions, the principle of strict liability may not apply. For instance, in the case of Ponting v. Noakes, where a plaintiff's horse died after consuming leaves from a poisonous tree on the defendant's land, it was deemed the plaintiff's fault as the tree had not encroached on the plaintiff's property.
• Act of God: Strict liability in torts does not extend to situations where damage results from natural events beyond human control, such as earthquakes or floods.
• Consent of the Claimant: Under the defense of 'Volenti non fit injuria,' a plaintiff's explicit or implicit consent to a dangerous situation may negate strict liability.
• Statutory Authority: Actions performed under the authorization of law, like those by government agencies, may not be subject to strict liability. For example, in Green v. Chelsea Waterworks Co., where a water supply burst without the defendant's fault, statutory protection was granted due to the authorized maintenance of water supply.
• Act of the Third Party: Defendants can evade strict liability if damage is caused by the actions of a third party beyond their control. For instance, in Rickards v. Lothian, where strangers blocked a water pipeline resulting in an explosion, the defendant was not held liable as the act was outside their control.
• Common Benefit: When a source of danger benefits both the plaintiff and defendant, strict liability may not apply. In Box v. Jubb, where a defendant's reservoir overflowed due to a combination of plaintiff's and defendant's actions, the defendant was not held liable as the reservoirs served a common purpose for both parties.

Understanding Strict Liability in Torts

• Overview of Strict Liability: Strict liability in torts is a legal principle that holds a person responsible for their actions regardless of intent or fault. This means that a person can be held liable for harm caused, even if they did not intend to cause harm.
• Criticism of Strict Liability: While strict liability is valuable in certain situations, it is often criticized due to exceptions that can absolve the defendant of liability. Critics argue that these exceptions may undermine the effectiveness of strict liability.
• Significance of Strict Liability: Despite criticisms, strict liability serves as an important legal tool. It allows for individuals to be held accountable for damages even in the absence of fault, ensuring that victims can seek compensation for their losses.
• Exceptions to Strict Liability: It's important to note that strict liability itself is an exception to the general rule that liability requires fault. By imposing liability without fault, strict liability helps protect individuals who have suffered harm.

Examples of Strict Liability Cases

• Bhopal Gas Leak Disaster: In the Bhopal Gas Leak Disaster case, strict liability played a crucial role in holding the responsible party accountable for the environmental and human damage caused by the industrial accident.
• Vicarious Liability: The concept of vicarious liability, such as in master-servant relationships or state liability, demonstrates how strict liability principles can be applied in various contexts to ensure justice.
• Tortious Liability: Instances of tortious liability involving governmental bodies underscore the importance of holding entities accountable for their actions, even when traditional fault-based liability may not apply.

Conclusion

• The principle of strict liability in torts is a valuable legal concept that allows for accountability even in the absence of fault.
• While criticisms exist regarding exceptions to strict liability, it serves as an essential tool for ensuring justice and compensating victims of harm.