Claimant v. Property Owner (Retaining Wall Collapse)

A claimant, injured due to the collapse of a retaining wall on property they were visiting, sued the owner for damages, alleging the wall's poor condition constituted a fault under general tort law. The trial court dismissed the claim, finding the wall's age and the specific circumstances of the collapse demonstrated an unavoidable accident rather than owner negligence, as there was no proof the owner was aware of a hidden defect or failed to perform necessary maintenance. The highest court upheld this dismissal, reasoning that the lower court correctly assessed the facts and determined the injury resulted from a fortuitous event not attributable to a breach of the owner's duty of care regarding property maintenance.