Q: What are the essentials of absolute liability ?
Ans: Essentials of absolute liability
1. Hazardous Substance - The accountability for a substance escaping from someone's land will only become apparent if the substance is hazardous or dangerous under the existing criteria. The substance must be hazardous because it is damaging, hurtful, and potentially destructive.
2. Escape - It must be proven that something that caused hurt or damage escaped the defendant's property or property under their control to hold them accountable. In other words, the dangerous material must escape to endanger a victim and establish absolute culpability. However, escape inside the building might also be considered complete culpability.
3. Non-natural use of land - The facts of the case make it obvious. Water storage for residential use can be natural, while large-scale water storage in reservoirs can be unnatural. Growing trees or plants on land might be natural; cultivating toxic plants can be unnatural.
4. Mischief - To hold the offender accountable, the plaintiff must demonstrate that any hazardous chemical has escaped and resulted in damages.
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