LAW

Are You Liable if Your New Aquarium Breaks and Floods the Flat Below? 🌊

Imagine this: you decided to keep an awesome aquarium in your flat. It’s full of exotic fish, coral, and a lot of water. One day, disaster strikes! The aquarium cracks, sending water barrelling into the flat below. Are you liable for the damage it caused, even though there was no way you could have known the aquarium was faulty? Luckily, this question is answered by an old case called Rylands v Fletcher (1866) LR 3 HL 330. Someone who accumulates something on their land that would do mischief if it escaped will be held liable for the damage it causes. If you engage in risky activities, then the law says you should bear the consequences when that risk materialises.

💡 Things to consider

• What actually happened in the case? John Rylands’ big aspirations for his mill led to the desire to build a new reservoir to keep things running smoothly. He hired some contractors to get the job done. Unfortunately for everyone involved, the reservoir was being built on top of a series of abandoned mine shafts. After the contractors discovered this, they improperly sealed the reservoir and mine shaft. As a result, the reservoir burst into the mine shaft, flooding a nearby mine owned by Thomas Fletcher. Fletcher was understandably angry, but Rylands was not obviously liable based on the law at the time. The case eventually made its way to the House of Lords, who created this new rule.

  

  Setting the scene:

• What are the requirements? There must be an accumulation of something hazardous on the land that would cause mischief if it were to escape. It must be an unnatural use of the land rather than something run of the mill. For example, in Transco v Stockport [2004] 2 AC 1, the use of water pipes under residential homes was not considered an unnatural use of the land since it was a regular practice. The liability for this tort (a civil wrong that causes harm or loss to another, leading to legal responsibility) is strict, meaning once the test is fulfilled, you are liable regardless of intent, negligence, etc. This was lessened slightly in Cambridge Water v Eastern Counties Leather [1994] 2 AC 264 where it was held that the type of harm caused must have been foreseeable, but the escape itself does not need to be. So, back to the aquarium example, keeping fish in a big tank in a flat is an unnatural use of the land, if it burst then the water would cause mischief to the flat below, and it is foreseeable that water would seep through the ceiling to damage the flat below. So, you would be liable.

  

  Oops.

• What impact did this case have? Before Rylands v Fletcher, proving liability meant showing someone acted negligently or with the intent to cause damage. This case mixed things up by introducing strict liability as a new pathway in tort law. With a focus on accountability over culpability, it meant a person engaging in a risky activity that causes damage could be liable even though they acted innocently. Do you think this is fair? While this case has been refined, it has stood the test of time and remained a cornerstone of tort law.

🔎 Find out more

• Summary of the case

• Impact of the case

• Further analysis

🍒 The cherry on top

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• 🗣️ Griko’s Poetic Whisper: Deep in southern Italy, an ancient Greek dialect called Griko lingers like a poetic whisper from the past. This article from SAPIENS explores the efforts of linguist Manuela Pellegrino to document and preserve Griko through poetry and storytelling. How does language shape identity, and what is lost when a language fades away? Especially useful for anyone interested in Languages, Anthropology, or Cultural Studies

• 🧠 The Psychology Behind Risk-Taking: What drives people to climb towering peaks, surf monstrous waves, or explore the unknown? This insightful article from 57Hours dives into the psychology of adventure, exploring the thrill-seeking mindset, the role of fear, and the deep human need for challenge. Great if you’re into Psychology or Sports Science.

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• 10th March

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• 11th March

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• 12th March

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• 13th March

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