Lateral support

Question 1

Liability

Answer 1

If land is improved by buildings and an adjacent landowner’s excavation causes that land to cave in, the excavator will be liable ONLY IF NEGLIGENT.

Question 2

Strict liability?

Answer 2

Strict liability does not attach to the excavator’s actions UNLESS π shows that, because of ∆’s actions, π’s improved land would have collapsed even in its natural state.

• I.e., for strict liability to apply, π must show that the improvements on his land (e.g., shrubs, fountains, structures) did not contribute to his land’s collapse.