Owner Liability for Collapsing Retaining Wall Damage

A dispute arose concerning the responsibility for damage caused by a collapsing wall, where the owner of the damaged property sued the owner of the adjacent property, alleging the wall's poor condition was the cause, while the defendant claimed no fault and that the collapse was due to an unforeseen event or force majeure. The court affirmed the lower court's finding that the retaining wall, being part of the foundations and subject to the common interest of maintaining property stability, required preventative maintenance by its owner, thus upholding the owner's liability for the damage caused by its deterioration, irrespective of external factors, based on the duty of care owed to neighbors regarding structural integrity.