Construction Company Liability for Neighboring Property Damage from Pile Driving Vibrations

A construction company appealed a decision holding it liable for damages to a neighboring property caused by vibrations from pile driving during construction, arguing that the vibrations were an unavoidable consequence of necessary work executed without fault. The court of cassation quashed the lower court's ruling because the mere fact that the work was necessary and executed without fault is insufficient to exempt the constructor from liability for damage caused to a neighbor by vibrations; liability arises from the proven disturbance caused by the activity, irrespective of fault in the execution of the work.