Subterranean Water Damage Liability and Mitigation Failure

Subterranean Water Damage Liability and Mitigation Failure: A plaintiff sought damages from a construction company for damages caused by subterranean water flow allegedly resulting from excavation work, but the lower court dismissed the claim, finding that the work was executed according to regulations and the resulting water issue was a known risk that the plaintiff failed to adequately mitigate through timely protective measures, a finding the higher court upheld because the trial court correctly determined that the evidence did not establish a fault attributable to the construction company, as the work adhered to required standards and the issue stemmed from the plaintiff's failure to implement readily available precautions against a foreseeable nuisance.