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Absolute Liability and Strict Liability

Adjoining landowners, who own lands that share common boundaries, have mutual rights, duties, and liabilities.  The reciprocal rights and obligations of adjoining landowners existed at common law but have been modified by various state laws and court decisions.  Strict liability and absolute liability are examples of liabilities between adjoining landowners.  In tort law, strict liability makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of culpability.  Strict liability is distinct from absolute liability.  In absolute liability, only a guilty act, or actus reus is required.

Some jurisdictions follow the Rayland v Fletcher [i] doctrine under which a person who, for his or her own purposes, brings on his or her land and collects and keeps there anything likely to do mischief.  it  must be kept on his or her own premises at his or her peril, and is strictly liable for all the damage which is the natural consequence of its escape, even in the absence of negligence or other culpable conduct on the part of the defendant.

Closely related to the Rylands v Fletcher doctrine is the doctrine of strict liability for injuries resulting from ultra hazardous activities and abnormally dangerous activities.  Even without negligence, one who uses something inherently dangerous on his or her own lands likely to damage his or her neighbor’s property is liable for such damage.  However, the doctrine of strict liability for ultra hazardous activities has been limited to injury to adjoining property and to persons on adjoining property

[i] Rylands v. Fletcher, 1868 WL 9885 (HL 1868).


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