The absence of any fault requirement means that this is a tort of strict liability.
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Definition
A defendant is liable if, on his land, he accumulates a dangerous thing in the course of a non-natural use of that land, and the thing escapes and causes reasonably foreseeable damages.
Includes artificial accumulation of material but not a natural accumulation. Giles v Walker - D was not liable as thistles were a natural accumulation.
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Dangerous
Likely to cause mischief if it escapes. The escape itself does not have to be likely; what must be likely is that mischief will result should an escape occur. Transco v Stockport - exceptionally high risk of danger should there be an escape.
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Non-natural use
Means 'not commonplace'. Rickard's v Lothian - the D was not liable as a tap supplied by a pipe was an ordinary and reasonable use. Cambridge Water v Eastern Counties Leather - the bulk storage of chemicals was a non-natural use.
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Card 2
Front
A defendant is liable if, on his land, he accumulates a dangerous thing in the course of a non-natural use of that land, and the thing escapes and causes reasonably foreseeable damages.
Includes artificial accumulation of material but not a natural accumulation. Giles v Walker - D was not liable as thistles were a natural accumulation.
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