But neither addressed the question of whether the escape was reasonably foreseeable; in both cases, the defendant was obviously well aware that his water was flowing into his neighbour's mine. It has been attacked as obsolete, unworkable or, more simply, as not being a rule at all. But what if it contains no express provision? The water ran along a footpath along the railway bed and then over the side of an embankment. Thus the present state of the law is that some of the situations where the rule in Rylands v Fletcher applies are now also addressed by the first type of solution. The House of Lords stressed that the rule was primarily concerned with the rights and duties of occupiers of land. Fifthly, there is a broad and ill-defined exception for "natural" uses of land. (eg, See Professor Newark quoted by Lord Goff in Cambridge Water at 297-8). What they were referring to was the creation or preservation of the dangerous user by bringing something dangerous onto the land or keeping it there. This bank suspended the claimant’s gas pipe; which was damaged. It may have to be considered whether these and similar provisions create an exhaustive code of liability for a particular form of escape which excludes the rule in Rylands v Fletcher. So the gas main is Transco's gas main. 13 Â Â It is of course true that water in quantity is almost always capable of causing damage if it escapes. The estate was built by the predecessor of the respondent, the Stockport Metropolitan Borough Council ("the council") between 40 and 50 years ago and is the mixture of semi-detached houses and tower blocks characteristic of the urban planning of that time. The situation cannot stand comparison with the making by Mr Rylands of a substantial reservoir. In such circumstances fairness may require that, instead of the claimant having to prove his case, the law casts on the defendant the burden of proving act of God, or some other defence to strict liability. 74 Â Â The action commenced by Transco which has found its way to your Lordships' House is an action to recover the cost of the work Transco has carried out to the embankment. The practical problem is of course to decide whether in any given case the thing which has escaped satisfies this mischief or danger test, a problem exacerbated by the fact that many things not ordinarily regarded as sources of mischief or danger may nonetheless be capable of proving to be such if they escape. It is hard to find any rational principle which explains the rule and its exceptions. To exclude domestic use is understandable if one thinks of the rule as a principle for the allocation of costs; there is no enterprise of which the risk can be regarded as a cost which should be internalised. 8 Â Â There remains a third option, which I would myself favour: to retain the rule, while insisting upon its essential nature and purpose; and to restate it so as to achieve as much certainty and clarity as is attainable, recognising that new factual situations are bound to arise posing difficult questions on the boundary of the rule, wherever that is drawn. Nor can the use by the council of its land be seen as in any way extraordinary or unusual. Accordingly, it is, in my opinion, established that whatever else may be said of the rule in Rylands v Fletcher the rule does not come into play unless there has been an escape from the defendant's land of whatever it is that has caused the damage. It must be some special use bringing with it increased danger to others, and must not merely be the ordinary use of the land ....". Bearing in mind the effect of the Rule being to impose liability in the absence of negligence for an isolated occurrence, the mischief or danger test should not be at all easily satisfied. But it was a normal pipe in such a situation and the water it carried was at mains pressure. With reference to water, section 209 of the Water Industry Act 1991 imposes strict liability (subject to certain exemptions) on water undertakers and Schedule 2 to the Reservoirs Act 1975 appears to assume that on facts such as those of Rylands v Fletcher strict liability would attach. 113 Â Â It is true that a very large quantity of water must have escaped from the three inch pipe before the fracture was discovered, since the adjacent ground had become saturated, and produced a new "spring", by the time that the matter was investigated and the fracture found. 49 Â Â In my opinion the Court of Appeal was right to say that it was not a "non-natural" user of land. First, as very clearly decided by the House in Read v J Lyons & Co Ltd  AC 156, no claim in nuisance or under the rule can arise if the events complained of take place wholly on the land of a single occupier. Get 1 point on adding a valid citation to this judgment. 72 Â Â The land lying between the block of flats and the embankment, too, is owned by the council. That is illustrated by the New Zealand case of Autex Industries Ltd v Auckland City Council  NZAR 324, in which the plaintiff would have succeeded (but for the court's residual discretion) in obtaining summary judgment under the principle in Rylands v Fletcher. The plaintiffs' claim rightly failed. (emphases supplied) It is thus the creation of a recognisable risk to other landowners which is an essential constituent of the tort and the liability of the defendant. On the whole, it was the latter view - no liability without fault - which gained the ascendancy. A useful guide in deciding whether the risk has been created by a "non-natural" user of land is therefore to ask whether the damage which eventuated was something against which the occupier could reasonably be expected to have insured himself. The other is to impose a strict liability on the landowner for the consequences of his exercising that liberty. There was an immediate and serious risk that the gas main might crack, with potentially devastating consequences. 90 Â Â So, to return to the question whether the council's use of its land was a natural and ordinary use that did not attract strict liability under the rule in Rylands v Fletcher, or, for that matter, in nuisance, there can in my opinion, be only one answer. But, consistently with principle, there will not be a duty of care simply to protect one's neighbour from natural hazards; he must protect himself as he best thinks fit. In the absence of negligence, the occupiers whose lands had been inundated would have had no remedy. 71 Â Â The council is the owner also of an 11 storey block of 66 flats, Hollow End Towers, not far from the embankment. But there is to my mind a compelling objection to such a course, articulated by Lord Goff of Chieveley in Cambridge Water  2 AC 264, 305: It may be added that statutory regulation, particularly when informed by the work of the Law Commission, may take such account as is judged appropriate of the comparative law considerations on which I have briefly touched. They were cases about whether one occupier of land was entitled to inflict damage upon another, irrespective of whether it was foreseeable or even intentional. But it would be premature to conclude that the principle is for practical purposes obsolete. It must, I think, follow that damages for personal injuries are not recoverable under the rule. The costs of the works required to restore support and cover the pipe was £93,681.00. 44 Â Â It remains, however, if not to rationalise the law of England, at least to introduce greater certainty into the concept of natural user which is in issue in this case. As there can be few properties in the country, commercial or domestic, which are not insured against damage by flood and the like, this means that disputes over the application of the rule will tend to be between property insurers and liability insurers. 17 Â Â In 1966 the North Western Gas Board, pursuant to an agreement with the British Railways Board, laid a 16 inch high pressure steel gas main beneath the surface of the old railway. Act of God – Tenant v Earl of Glasgow b. Coronavirus (COVID-19) insurance considerations. One part of the territory overlaps with (indeed, is a sort of condominium with) that of negligence. Usually have no control and defendant was not in my respectful opinion, the judge at first ordered. Too, is owned by the landowner for the above change here to remove this item from you pinned?! Its utility responsible for the maintenance of the block of flats example conversion and undetected leakage over a period time... 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