Retaining Wall Collapse: Owner Strict Liability for Neighboring Property Damage

A plaintiff sought damages from a defendant for property damage caused by the collapse of a retaining wall that had been built on the defendant's property adjacent to the plaintiff's land. The lower court found the defendant liable based on the owner's strict liability for damage caused by defective construction, even without proof of fault. The Court of Cassation upheld this finding, reasoning that the owner of an immoveable structure, which includes retaining walls, is strictly liable under the relevant civil code articles for damage caused by its ruin to neighboring property, regardless of whether negligence or fault in construction or maintenance can be proven.