Property Owner Liability for Pre-existing Encroaching Retaining Wall Collapse

A property owner appealed a ruling that held them liable for damages caused by the collapse of a retaining wall that had been built on their land but encroached upon a neighbor's property, arguing that the wall's construction predated their ownership and they were unaware of the encroachment. The court dismissed the appeal, reasoning that the duty to maintain a structure that causes damage to another's property, or to prevent its deterioration, rests upon the current owner, regardless of when the structure was built or whether they were aware of the encroachment, as the continued existence of the defective structure constituted a source of fault imputable to the present proprietor.