Legal Question in Real Estate Law in California
Large storm caused slide damage, what liability?
Unusually heavy Los Angeles rainstorm resulted in hillside property line concrete retaining wall toppling over onto downhill slope, plus small portion of concrete patio and earth from upper parcel sliding partially down slope. Minor damage (broken windows) to lower structure from falling debris. Both properties are non owner occupied rental housing. Collapsed wall was built without city permit 8+ years ago by contractor hired by prior owner of uphill parcel, owner of lower parcel was present, aware of and agreed with wall construction. Wall footings may not have been set deep enough for steep slope, possibly contributing to failure. No readily apparent negligence regarding excessive irrigation, improper runoff, drainage or maintenance factors from either party. I own upper parcel, no insurance coverage for earth movement or mudslide damage. Assuming both parties may be jointly responsible for cost of replacement wall/fence under CC 841, who is liable for potentially expensive removal of large broken concrete slabs (retaining wall pieces and some patio pieces) remaining on downhill slope, and who is liable for broken windows? Downhill owner uncooperative and alleges that I am 100% responsible for all corrective costs.
3 Answers from Attorneys
Re: Large storm caused slide damage, what liability?
You are responsible; ownership and control falls on you, even though you did not install the wall.
There is the possiblity, if the contractor is licensed and still in business, that you can seek reimbursement from him, but...good luck.
Re: Large storm caused slide damage, what liability?
This is a case where the downhill owners should be partially responsible for clean-up costs if they agreed to and approved the negligent construction of the retaining wall. The uphill owner should bear some responsibility as well. Uphill owner could pay for removal and seek reimbursement from downhill owners. Call me if you'd like to discuss further. (310) 806-9237
Re: Large storm caused slide damage, what liability?
The contractor is liable, 10 year statute of limitations on construction defects. Call me directly at (619) 222-3504.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
