Trace Your Case

ISSUE:

Was the defendant liable for the damages to the plaintiff considering that the act was done by a third party?

RULE:

A person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all damage which is the natural consequence of its escape.

An additional requirement of foreseeability is also necessary- If the thing escapes, how likely is to damage property

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