Introduction:
If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defense like that of ‘Act of God’ or ‘Act of Stranger’.
Strict Liability
With the same definition of the abovementioned for absolute liability, strict liability has a few more exceptions as explained with examples below.
When the plaintiff has something that can escape and harm other’s property. For example- A has a poisonous tree planted in his land. When the tree keeps on growing, its branches spread out to his neighbor B’s land, and B’s pet dog nibbles on it, it makes A strictly liable despite the fact that he had no intention of harming B’s pet dog.
Vishakapatnam Tragedy
The police in Andhra Pradesh registered a case on Thursday against LG Polymers after a gas leak in its Visakhapatnam unit claimed at least eleven lives[1].
Hundreds were hospitalized after the gas leak occurred at the LG Polymers Plant at RR Venkatapuram near Naiduthota area between 2.30 am and 3 am and reportedly spread over a radius of about 3 km, affecting at least five villages. The incident triggered panic and several people were found unconscious on the streets as some experienced breathing problems. Some people also complained of rashes on their body and a burning sensation in their eyes.
The police of Gopalapatnam have registered the case against the authorities under § 284 (negligent conduct with respect to poisonous substances), §337 (causing hurt by act endangering life or personal safety of others ) of The Indian Penal code. Sections 338 (causing grievous hurt by act endangering life or personal safety of others), 285 (negligent conduct with respect to fire or combustible matter), 278 (making atmosphere noxious to health) have also been slapped against the company.
There have been allegations made against the company LG Polymers, the manufacturing unit in India of South Korean conglomerate LG Chem that they had not obtained environmental clearance for its chemical plant between 1997 and 2019[2]. In an affidavit submitted to the State Level Environment Impact Assessment Authority (SEIAA), the company admitted that as of May 10th, 2019, the unit did not have a “valid environmental clearance substantiating the produced quantity, issued by the competent authority for continuing operations”[3]
Such an act of negligence has today, the lives of innocent people were taken. With toxic fumes in the environment, it has also endangered thousands of lives.
Rule in Union Carbide Corporation v. Union of India
In the past, we have had similar cases like the “Bhopal Gas Tragedy” Union Carbide Corporation V. Union of India (1989). It was considered the world’s worst industrial disaster[4]. It killed 3000+ people, who were compensated by the Government of Madhya Pradesh. In this case, too, there were multiple corporate negligence involved. To name a few, the filling of the MIC tanks beyond recommended levels, poor maintenance after the plant ceased MIC production at the end of 1984, allowing several safety systems to be inoperable due to poor maintenance, and switching off safety systems to save money— including the MIC tank refrigeration system which could have mitigated the disaster severity, and non-existent catastrophe management plans.
Conclusion
In this case, the intention of the accused was irrelevant. The defense of “Act of God” or “third-party intervention” could not be applicable as it was a clear case of Absolute liability. Absolute liability as discussed before is a liability that falls on the corporation involved in such dangerous activity and is capable of causing catastrophic damage, to the workers and all the affected people. Absolute liability in torts is important because it saves the lives of people working at such corporations and ensures their safety. With that absolute liability also ensures that deep-pocketed organizations so not get away by putting lives in danger and ensures compensation with no possible defense. Even if the company did its part on ensuring safety and such an event not taking place, the responsibility would still be fixated on the company as it is a case of absolute liability, unlike in strict liability.
So coming to the Vishakapatnam gas leak tragedy, taking precedent of cases like Union Carbide Corporation V Union of India & M.C Mehta V. Union of India, we can see that this case is an absolute liability on the company.
References:
[1] https://scroll.in/latest/961348/after-visakhapatnam-gas-leak-case-registered-against-lg-polymers
[2] https://indianexpress.com/article/india/vizag-gas-leak-lg-polymers-india-green-nod-6399440/
[3] Id
[4] http://news.bbc.co.uk/1/hi/world/south_asia/8725140.stm
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