Section 16.7 Unintentional Water Release
| Library | Tort Law 2016 |
1. (§16.7) Unintentional Water Release
Although nuisance, trespass, and negligence have been viable theories for cases involving unintentional surface water release, strict liability has never been applied to such a case in Missouri. See:
· Murphy v. Gillum, 73 Mo. App. 487 (E.D. 1898) (a constructor of a dam was not liable for the dam failure when ordinary care could not have guarded against the cause of the failure)
...· Thomas v. City of Kansas City, 92 S.W.3d 92 (Mo. App. W.D. 2002) (allowing a
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