Neighbor Liability for Property Damage Due to Construction

A property owner sued a neighboring landowner for damages, alleging that the latter's construction of an embankment to support an adjacent wall caused soil subsidence, damaging the retaining wall of the plaintiff's property. The court of appeals rejected the claim, finding that the plaintiff had not proven that the construction was the direct and sole cause of the damage, noting that the retaining wall's collapse was likely due to its own pre-existing poor condition and age, which constituted a partial cause. The highest court quashed the decision, reasoning that the trial court erred by requiring the plaintiff to prove that the neighbor's construction was the *sole* cause of the damage, whereas liability under the relevant civil code provision only requires proving that the work was a cause, even if not the only one, of the damage sustained by the neighboring property.