Retaining Wall Collapse Liability Due to Lack of Maintenance

A lower court found an individual liable for property damage caused by the collapse of a retaining wall constructed on their land, based on evidence that the wall, which abutted a neighboring property, was in a state of disrepair and that the owner had failed to undertake necessary maintenance despite being formally notified of the danger. The high court upheld this decision, reasoning that the owner of the retaining structure has a legal obligation, regardless of fault, to maintain it in a condition that prevents harm to neighboring properties, and the demonstrated lack of adequate maintenance, which was the direct cause of the collapse, established the liability under the relevant civil code provisions concerning obligations related to property boundaries and structures.