Retaining Wall Collapse Liability Reversed Due to Latent Defect

A lower court wrongly held a party liable for damages resulting from the collapse of a retaining wall, despite expert testimony indicating the collapse was due to a latent defect in the wall's construction, unknown to the defendant at the time of transfer and not apparent upon reasonable inspection. The highest court ruled that liability for such damages, under the relevant civil code article concerning vices of construction, requires proof of fault on the part of the owner or possessor, or that the vice was known or knowable to them, none of which were established, leading to the reversal of the lower court's judgment.