Property Owner v. Utility Company Regarding Excavation Damage and Regulatory Duty of Care

A property owner sought to hold a utility company liable for damages caused by a collapse resulting from the excavation of an adjacent building, alleging the excavation violated municipal regulations concerning building setbacks and support obligations, but the appellate court dismissed the claim, finding the proximity of the excavation to the plaintiff's building did not automatically establish fault under civil liability principles, as the general duty to ensure the stability of one's own structure applied. The high court quashed the lower court's decision because the appellate court failed to investigate whether the building regulations specifically imposed a duty of care on the excavator toward neighboring properties, which, if established, would be sufficient to find fault under the relevant liability articles, thereby requiring reconsideration of the facts in light of the potentially violated local safety standards.