Rylands v Fletcher

Common card · No. 354167

Rylands v Fletcher (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable. Rylands employed contractors to build a reservoir on his land. As a result of negligent work done, the reservoir burst and flooded a neighbouring mine, run by Fletcher, causing £937 worth of damage (equivalent to £98,500 in 2025). Fletcher brought a claim under negligence against Rylands. At the court of first instance, the majority ruled in favour of Rylands. Baron Bramwell, dissenting, argued that the claimant had the right to enjoy his land free of interference from water, and that Rylands was guilty of trespass and the commissioning of a nuisance. Bramwell's argument was affirmed by the Court of Exchequer Chamber and the House of Lords, leading to the development of the...

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