Introduction
The principle of absolute liability was established in India through the landmark case of M.C. Mehta v. Union of India, also known as the Oleum Gas Leak case. This significant judgment marked a departure from the traditional British-based strict liability doctrine, which was fraught with numerous exceptions that often allowed the guilty parties to evade accountability.
The devastating Bhopal gas tragedy, which caused immense loss of life and long-term health effects, prompted the Indian judiciary to develop the more stringent principle of absolute liability—strict liability without exceptions.
Concept of Absolute Liability
Absolute liability holds that if an industry or enterprise engages in inherently dangerous activities for commercial gain, and these activities are capable of causing catastrophic damage, the industry officials must compensate the affected parties without any exceptions.
Essential Elements of Absolute Liability
Dangerous Thing
Liability arises when a dangerous substance escapes from the owner’s control. This includes items like large water reservoirs, electricity, gas, explosives, and toxic fumes. For instance, in Rylands v. Fletcher, the large reservoir of water was considered a dangerous thing.
Escape
The dangerous substance must escape from the defendant’s control and cause damage or injury. In Read v. Lyons & Co., the court held the defendant liable when an explosion within the premises injured the plaintiff, emphasizing that control and confinement of the dangerous substance are critical.
Non-Natural Use of Land
The usage must be non-natural, implying it significantly deviates from ordinary use considering social and environmental context. For example, storing water in a domestic tank is natural, but storing it in a large industrial reservoir is non-natural, as seen in Rylands v. Fletcher.
Mischief
The plaintiff must demonstrate that the defendant’s non-natural use of land led to the escape of a dangerous substance, causing injury or damage. In Charing Cross Electric Supply Co. v. Hydraulic Power Co., the defendant’s failure to maintain water pressure led to pipeline bursts and subsequent damage, establishing liability.
Scope of the Rule of Absolute Liability
The rule of absolute liability applies predominantly as an exception to general tort laws, designed to address cases involving hazardous activities. The Public Liability Insurance Act, of 1991, was introduced following the Oleum gas leak to ensure victims of hazardous substance-related incidents receive compensation. This act mandates the creation of a public liability insurance fund to provide immediate relief to affected individuals.
Conclusion
The principle of absolute liability revolutionized tort law in India by holding industries accountable for inherently dangerous activities without allowing any exceptions. This stringent approach ensures victims receive just compensation and underscores the importance of stringent safety measures in hazardous industries. By eliminating the loopholes present in strict liability, absolute liability provides a robust framework for protecting public welfare and upholding justice.
FAQs on Absolute Liability in Tort Law
Q1: What is the principle of absolute liability?
A: Absolute liability means that if an industry engages in dangerous activities for profit, it must compensate for any harm caused, without any exceptions or defences.
Q2: How does absolute liability differ from strict liability?
A: Absolute liability does not allow for any defences, while strict liability allows for certain exceptions, such as acts of God or third-party interference.
Q3: Can you provide an example of a case where absolute liability was applied?
A: In the Oleum Gas Leak case (M.C. Mehta v. Union of India), the Supreme Court of India imposed absolute liability on the company responsible for the gas leak, mandating compensation for the victims.
Also Read: Strict Liability in Torts
Reference: ipleaders.com