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Slide 6 of 39
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An action under the Rylands v Fletcher doctrine is available to anyone who has suffered injury as the result of the escape of a dangerous substance from adjoining lands. To maintain an action under the Rylands v Fletcher doctrine the plaintiff must establish:
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1. That the defendant kept a substance that was likely to cause damage should it escape the defendant’s land;
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2. That the substance did escape; and
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3. That the plaintiff suffered damage as a consequence.
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Note that negligence or fault is not a necessary element of the tort.
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As with Negligence, the damages recoverable are limited by the pure economic loss doctrine and the concept of remoteness.
