3. the thing must escape d's land

• According to Read v Lyons, the thing must escape from D’s land.  It does not matter how or why it has escaped – this element is strict liability
• If the thing causing damage does not leave D’s land then an action in negligence or occupiers’ liability is raised.
• what is the signfiifcance of the cas of Hale v Jennings Bros?

  It shows how a chair - o - plane can count as a thing that can escape from the D's land
• which case shows how a chair - o - plane can count as a thing that can escape from the D's land?

  Hale v Jennings Bros
• Examples of things that the courts have decided to be able to do mischief are:

  • Gas and electricity
  • poisonous fumes
  • a flag pole
  • tree branches