blog home Landslides & Subsidence How to Determine Liability in Subsidence Cases

How to Determine Liability in Subsidence Cases

By Peterson Law Group on July 15, 2024

Subsidence is the gradual sinking or settling of the ground’s surface. It can be a natural or human-caused occurrence. Natural subsidence includes phenomena like sinkholes and erosion, where the ground collapses or wears away due to natural processes such as water dissolution of underground materials. On the other hand, man-made subsidence results from human activities such as mining and construction, which can cause the ground to destabilize and sink.

The impact of subsidence on property can be severe, leading to structural damage, foundation issues, and decreased property value. Addressing subsidence requires understanding its cause and implementing appropriate measures to mitigate its effects.

Legal Framework for Subsidence Liability in California

In California, several laws and regulations govern subsidence liability for property damage. Developers and their agents can be held liable if subsidence results from construction defects or negligence, such as failing to assess soil conditions or use proper building techniques adequately.

Former property owners may also bear liability if they fail to disclose known subsidence issues or if their actions or negligence caused subsidence during their ownership. Their agents, including real estate brokers, must disclose material defects like subsidence.

Adjoining property owners might be liable if their actions, such as improper drainage or excavation, contribute to subsidence affecting neighboring properties. California law emphasizes proper disclosure and due diligence to prevent and mitigate subsidence risks, and affected parties can seek remedies through civil lawsuits based on negligence or breach of duty.

Factors Influencing Liability for Property Damage

Liability for property damage resulting from subsidence depends on environmental factors and the legal duties of associated parties, such as property owners and developers.

Major factors that influence liability include:

• Natural vs. Man-made Causes: Liability often hinges on whether subsidence was caused by natural processes (e.g., geological shifts, erosion) or human activities (e.g., construction, mining). Man-made causes can often lead to greater liability if negligence or improper practices are involved.
• Property Ownership and Land Use: Owners are responsible for maintaining their property and ensuring it does not cause damage to neighboring properties. Compliance with local zoning laws and regulations can impact liability. Violations or non-compliance can contribute to liability for subsidence damage.
• Negligence: Liability is determined by proving negligence, such as a failure to conduct proper site assessments or adherence to construction standards. Developers and landowners owe a duty of care to ensure their activities do not adversely affect others. Breach of this duty, leading to subsidence, can result in liability.
• Disclosure and Documentation: Property owners and sellers must disclose known subsidence problems. Failure to do so can result in liability if the undisclosed issues cause damage. Proper documentation and records of subsidence issues and remediation efforts can impact liability assessments.
• Insurance Coverage: Liability may be influenced by the extent of insurance coverage held by the property owner, developer, or adjacent property owner. Insurance policies may cover or exclude certain types of subsidence damage, affecting financial responsibility.

Establishing Evidence in Subsidence Cases

Evidence is crucial in subsidence cases to establish causation and liability. Key types include geological surveys, structural assessments, and historical property records. Gathering evidence involves conducting thorough inspections, documenting visible damage, and obtaining expert reports. Preserving evidence requires proper storage of physical samples (e.g., soil or building materials) and maintaining detailed records of observations and repairs. Photographic evidence and witness testimonies also play a vital role. Timely and accurate collection and preservation of evidence are essential for building a solid case, demonstrating the extent of damage, and supporting claims for compensation or liability.

Steps to Take if Affected by Subsidence in Los Angeles

Steps to take if affected by subsidence include:

• Ensure Safety and Implement Emergency Measures: Evacuate the affected area if there’s a risk of structural collapse. Secure the premises and avoid using compromised structures. Contact emergency services if necessary to address immediate hazards.
• Document the Damage: Take detailed photographs and videos of the subsidence damage, including cracks, shifting, and structural impacts. Collect any relevant documents, such as inspection reports and repair estimates.
• Consult with a Subsidence Lawyer: Seek legal advice to understand your rights and potential claims. An attorney specializing in subsidence cases can guide you through the legal process, help gather evidence, and assess the viability of your case.
• Notify Insurance Companies: Inform your insurance provider about the subsidence damage and file a claim. Provide them with all necessary documentation and cooperate with their investigation to ensure coverage for repairs and damages.
• Prepare for Litigation or Settlement: Work with your lawyer to evaluate settlement offers and prepare for possible litigation. This includes gathering evidence, engaging experts for testimony, and developing a legal strategy to pursue compensation or resolve disputes effectively.

How a Landslides and Subsidence Lawyer in Los Angeles Can Help

A lawyer at Peterson Law Group PC plays a vital role in determining liability in a subsidence claim. We analyze evidence, consulting with experts, and assessing legal responsibilities. We also guide you through the claims process, negotiate with insurers, and represent your interests in court if necessary. Our experience ensures that you receive the compensation you deserve for damages.

For assistance, contact us at (213) 236-9720 and schedule a consultation with our Los Angeles landslides and subsidence attorneys today.