What is the test for finding a defendant strictly liable for damages caused by a chemical spillage on a piece of land?
British Columbia, Canada
The following excerpt is from High Country Outfitters v. Pitt Meadows (City), 2012 BCPC 308 (CanLII):
The doctrine in Rylands v. Fletcher, provides that a defendant will be found strictly liable if the claimant can prove that: (a) the defendant made a non-natural use of its land; (b) the defendant brought onto its land something that was likely to do mischief if it escaped; (c) the substance in question escaped; and (d) damage was caused to the claimant as a result of the escape.
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