Although not authoritatively decided, damages for personal injury should be recoverable under the Rylands rule, provided the injury arises consequentially upon interference with land, says Mark Pawlowski

The Rylands rule states that an occupier of land who brings anything onto that land that is inherently dangerous and likely to do damage if it escapes will be liable for any damage caused if an escape should occur. Before Rylands, the claimant would generally have to show some fault on the part of the defendant. But Rylands established a tort of strict liability. It is a judgment that to this day remains contentious.

The House of Lords in Transco plc v Stockport Metropolitan Borough Council [2004] 2 A.C. 1 had occasion to review the various elements of the Rylands rule and concluded that an interference with the use and enjoyment of land was a fundamental element in grounding liability for this type of nuisance. This was seemingly ...

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