“EARTH MOVEMENT/LANDSLIDE LIABILITY”
By Frank T. Sabaitis, Esq.


The recent record setting rains in Southern California this year have created countless areas of land instability which have affected a significant number of homes and continue to threaten more properties in the future.

Most litigation arising from earth movement finds its basis from theories of liability regarding the action of uphill landowners when the earth movement impacts below. Owners of adjacent uphill property are often sued under various theories of liability. Most common causes of action alleged against owners of adjacent properties all center on the theory of negligence. Causes of action vary from negligence, trespass, and nuisance. The remedies not only include theories of damages, but what can and most often include requests for injunctive relief.

The controlling authority regarding liability for landslide damage in California remains the case of Sprecher v. Adamson, (1981) 30 Cal.3d 358. Supreme Court in Sprecher rejected the common law doctrine that an adjacent landowner could not be liable for landslide or earth movement caused by natural conditions on the land. The Supreme Court determined that the proper test to be applied to the adjacent landowner is whether, in the management of its property, it has acted as a reasonable person in view of the probability of injury. Thus, for natural conditions and artificial conditions, the important question is, “Was the landowner negligent?” “In the management of its land, did it act as a reasonable person under the circumstances?”

The Sprecher Court stated: (at page 372)

“The likelihood of injury to the plaintiff, the probable seriousness of such injury, the burden of reducing or avoiding the risk, the location of the land, and the possessor’s degree of control over the risk-creating condition are among the factors to be considered by the trier of fact in evaluating the reasonableness of a defendant’s conduct.”

As one can imagine, the defense of landslide litigation is largely expert witness driven. Landslide cases become a true “battle of the experts.” Often a team of experts is needed depending on the magnitude and the causes of the landslide. The team of experts can include one or more of the following: civil engineers, field geologists, geotechnical engineers, ground water hydrologists, geohydrologists, and even irrigation specialists. Skilled and credible experts are the key to prevailing in a landslide case, and properly conducted scientific studies of the actual landslide data and history of the area are essential. The experts can study the geologic features and soil complexities of the hillside and can employ various investigative techniques, including; deep well borings, geochemical analyses, earthquake analyses, and remote sensing information to study the history and causes of the particular landslide.

It must be kept in mind that each case is unique and specifically requires the proper approach and case specific experts for required analyses and conclusions for a proper defense.