This rule is to the effect that a person who for his own purpose brings and keep things
capable of causing mischief is they escape is prima facie answerable for all the damage
which is the natural consequence of their escape.
This is the rule of strict liability or liability without fault.
The rule was enunciated in Rylands V. Fletcher where an employer was held liable for
the negligence of an independent contractor, he had engaged.
Defences to the rule:
(i) Contributory negligence: this defence can only be relied upon if the
plaintiff contributed to the escape.
(ii) Plaintiff's benefit/consent: if the plaintiff consented to the bringing of the thing
or benefits from it, an action against the defendant for its escape is unsustainable.
(iii) Acts of a stranger: this defence is available if the escape is occasioned by
the unforeseen acts of a third party.
(iv) Statutory authority: the defendant has a complete defence if the accumulation
is authorized by an Act of parliament and he acted in accordance with the provisions of
the Act.
(v) Act of God: this is a defence where the escape is wholly attributable to natural
causes without human intervention and no human foresight. Could have recognized it
was a possibility.
maurice.mutuku answered the question on May 1, 2018 at 14:05
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