Lateral Support Flashcards
1
Q
Lateral Support
A
- if land improved by buildings and an adjacent landowner’s excavation causes that improved land to cave in, the excavator will be liable only if negligent
- strict liability doesn’t attach to the excavator’s actions unless P shows that, because of D’s actions, P’s improved land would’ve collapsed even in its natural state
- in other words, for strict liability to apply, P must show that the improvements on his land did not contribute to his land’s collapse
