Property Owner v. Construction Company (Tort Liability and Construction Vibrations)
Synthèse Legislator
Généré par l'IAA property owner sued for damages against a construction company after vibrations from nearby excavation work caused a crack in the foundation of their building, arguing the work constituted a fault under the general rule of tort liability. The Court of Cassation rejected the appeal, affirming that the lower court correctly found that the vibrations, while resulting in damage, did not constitute a fault because the construction company had taken all necessary precautions and complied with relevant regulations, thus ruling that liability could not be established solely on the basis of the damage caused by inherently hazardous, yet properly executed, construction work.
Regeste Legislator
Généré par l'IAProperty Owner v. Construction Company (Tort Liability and Construction Vibrations): The Court of Cassation rejected the appeal, affirming that the lower court correctly found that the vibrations, while resulting in damage, did not constitute a fault because the construction company had taken all necessary precautions and complied with relevant regulations, thus ruling that liability could not be established solely on the basis of the damage caused by inherently hazardous, yet properly executed, construction work.