Owner Liability for Latent Defect Water Damage

A property owner appealed a lower court's decision that held them liable for damages caused by water infiltration originating from their property onto a neighbor's land, arguing that the infiltration was due to a latent defect in the retaining wall's construction that predated their ownership and that they were unaware of it. The appellate court upheld the initial judgment, reasoning that under civil law, the current possessor of property is responsible for damages caused by that property, even if the defect is latent or originated before their acquisition, unless they can prove the damage resulted from a third party's act or *force majeure*, which was not established here; therefore, the current owner bears the liability for the damage caused by the water seepage from their retaining structure.