Retaining Wall Collapse: Owner Liability Not Time-Barred

A litigant appealed a decision that held them liable for damages resulting from the collapse of a retaining wall built on their property, arguing that the wall's stability was guaranteed by the builder and that the action was time-barred. The Court of Cassation rejected the appeal, reasoning that the liability arose not from a simple construction defect subject to a two-year warranty, but from the obligation of a property owner to maintain their structures to prevent damage to neighboring property, an obligation which is imprescriptible, thus affirming the owner's continuous liability for the wall's necessary maintenance and resulting harm.