151. Escape.

151.     Escape.

The rule in Rylands v Fletcher1 only applies where the thing which does the damage has escaped2. For the purposes of the rule, escape means escape from a place where the defendant has occupation or control over land to a place which is outside his occupation or control3. It appears that the escape need not be accidental provided that any intentional release was not deliberately aimed at the claimant, in which case it would be remediable in trespass4.