Oregon's Development of Absolute Liability Under the Rylands Doctrine: A Case Study

Abstract

This Article will trace the development of absolute liability for the escape of impounded waters, often called the Rylands doctrine, from its genesis, over 130 years ago, to the present. Part II of this Article outlines the origin of the Rylands doctrine. Part III gives an overview of the different ways in which states in this country have adopted and implemented the Rylands doctrine. Part IV then discusses Oregon's application of the Rylands doctrine. Finally, Part V concludes that Oregon's application of the Rylands doctrine serves as a tested model of absolute liability for the release of artificially impounded waters.

Keywords

River channels -- Oregon, Rylands v. Fletcher, (1868 L.R.3 H.L. 330)

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C. Conrad Claus (Willamette University College of Law)

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