Retaining Wall Owner Liability for Collapse Despite Neighboring Structure Failure
Synthèse Legislator
Généré par l'IAA party appealed a decision that held them liable for damages resulting from the collapse of a retaining wall, arguing that the wall was old and the collapse was due to an unforeseen event, specifically the failure of a neighbor's adjacent structure to contain earth pressure. The court, however, upheld the liability, reasoning that the owner of a retaining wall has an absolute obligation to maintain it in a condition capable of withstanding the pressure of the retained earth, and this obligation is not absolved by attributing the collapse to the failure of a neighboring structure unless that failure was the sole, exceptional cause, which was not established in this case.
Regeste Legislator
Généré par l'IARetaining Wall Owner Liability for Collapse Despite Neighboring Structure Failure: The court, however, upheld the liability, reasoning that the owner of a retaining wall has an absolute obligation to maintain it in a condition capable of withstanding the pressure of the retained earth, and this obligation is not absolved by attributing the collapse to the failure of a neighboring structure unless that failure was the sole, exceptional cause, which was not established in this case.