Thursday, 2 May 2013

Ryland & Fletcher

Rylands V Fletcher gave birth to public liability - it was set up in 1800 something or other and it was a case where Rylands built a (artificial water for the Red Mill- his factory) reservior.

The careless builders did not block up any holes with bricks in the construction which seems a bit ridiculous but its true. So when the water was put in it flooded down old mine shafts and found its way to Fletchers mine and rendered by flooding his every day business worthless.

This established the rule of 'absolute liability' - so no being put to long drawn out and often expensive proof that an event simply happened and it was someones fault simples!!

So recently it was overturned... ahhh... in a Tyre/Fire case where it was said tyre's were not dangerous...

In my case the retained parts under the landlords control flooded me so many times and did not fix for months it rendered the business worthless..

It is important that a case where there is a one off fire in a tyre factory that causes damage to the property next door and served to overturn the Rylands & Fletcher case is not a good example to overturn it and insurance companies must love that judgement..

In my case I think 'absolute liability' in the court of appeal.. without too much argument can honestly out of common sense be Re-established!!! Don't you think? As the little people will always then get messed about by the more powerful saying well prove it when it is obvious that liability is there... Our rights must be being eroded even without our knowledge. But I will bet insurance companies will know!

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