Brief Fact Summary. The Plaintiffs, Golden and others (Plaintiffs), claim that Defendant, Amory’s (Defendants), negligence in maintaining a dike caused them real estate damage after a hurricane resulted in a flood.
Synopsis of Rule of Law. Plaintiffs are not responsible under strict liability theories when the damage caused was an unanticipated act of God.
Issue. Are Defendants liable for maintaining a non-natural land use and the resulting damage that occurred from this use?
Held. No. Exceptions overruled.
* Plaintiffs rely on the rule stated in Rylands v. Fletcher, In the Exchequer Chamber, L.R. 1 Ex. 265, (1886), stating that a person is prima facie liable for the escape of things that he collects on his lands. However, Rylands clearly states that the rule does not apply to injury resulting from the act of God. The hurricane and resulting flood in this case was clearly an act of God.
The only exceptions to the liability, which have been judicially recognized, are in case of the plaintiff's own fault, or of vis major, the act of God, or the acts of third persons, which the owner had no reason to anticipate.View Full Point of Law