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Landslide Liability: Legal Options for California Property Owners

By Peterson Law Group on March 17, 2025

In the wake of devastating wildfires in places like Altadena and Pacific Palisades, many California homeowners now face a secondary, equally destructive threat: landslides and mudslides. With hillsides stripped of vegetation, heavy rains can trigger catastrophic slope failures that damage homes, roads, and infrastructure.

For many affected property owners, these events raise urgent questions about liability and compensation that you may be eligible to receive.

At Peterson Law Group PC, we focus on land-related litigation throughout California, providing strategic counsel in matters involving California landslide property law. Our attorneys are highly experienced in representing clients in disputes involving property damage claims, landslide liability, and inverse condemnation actions.

The Link Between Wildfires and Landslides

Landslides aren’t always isolated natural events. They’re often triggered by previous environmental damage. In California, wildfires dramatically increase the risk of landslides, especially in mountainous or sloped terrain.

Recent fires burned large swaths of vegetation that once stabilized the soil. Without plant roots to anchor the hillside, the next significant rainfall can lead to mudslides and debris flows that endanger people and property downstream.

These damages may be legally actionable when caused or worsened by negligence, improper development, or a failure to mitigate known risks.

Who Can Be Liable for Landslide Damage?

Landslide liability in California can be complex, but it typically revolves around three potential sources of responsibility:

Adjacent Property Owners

If a neighbor altered their land in a way that destabilized your property, such as grading a slope, removing vegetation, or diverting water, they may be liable under California landslide property law. Property owners have a duty not to create dangerous conditions that affect neighboring parcels.

Builders and Developers

Construction companies and developers can be held accountable when landslide damage results from poor grading, faulty retaining walls, or failure to account for known geological risks. These claims often arise in hillside subdivisions built without adequate slope stability or drainage systems.

Public Entities

When landslides are caused or worsened by government action or inaction, a property damage claim can be filed under inverse condemnation or dangerous condition of public property laws. For example, failure to maintain drainage systems or design roads in unstable terrain may make a municipality liable for resulting damages.

Peterson Law Group PC has represented clients in these types of claims throughout California and is well-versed in holding public entities and developers accountable.

How to File a Property Damage Claim

If you’ve suffered landslide-related losses, time is critical. Here’s how to approach a potential claim:

Step 1: Document the Damage

Take extensive photos and videos of the damage immediately after the event. Preserve any written communication from neighbors, public agencies, or insurers.

Step 2: Consult Experts

Hiring a geotechnical engineer can help determine the cause of the landslide, which is essential for legal action. You’ll also want a contractor’s estimate to calculate repair costs.

Step 3: File Claims Promptly

• Insurance claims should be filed immediately, though many policies exclude “earth movement” unless caused by a covered peril.
• If a government entity is involved, a formal claim must be filed within six months under the California Tort Claims Act.
• Private lawsuits against neighbors, developers, or contractors must be filed within standard civil limitations, typically two years for negligence and three years for property damage.

Peterson Law Group PC can guide you through each step, ensuring your rights are protected and your case is positioned for success.

What Are Buyout Programs?

In certain cases where land is rendered permanently unstable, buyout programs may be available through state or federal agencies. These programs offer financial compensation to property owners in high-risk zones, allowing them to relocate without absorbing the full loss.

For example, FEMA and Cal OES have occasionally funded voluntary property buyouts in regions prone to repeat disasters. These are not guaranteed and often depend on federal disaster declarations and local cooperation.

An attorney can help you determine eligibility and advocate for full, fair compensation if a buyout is an option.

Recovering Emotional and Economic Losses?

In addition to physical damage to a home or structure, landslides often cause emotional distress, loss of use, and significant economic disruption. While not all insurance policies cover these losses, legal claims for negligence or inverse condemnation can include:

• Loss of rental income
• Temporary relocation expenses
• Diminished property value
• Loss of trees, landscaping, and outdoor improvements
• Emotional distress, especially where displacement or prolonged repairs are involved

Reasons to Choose Peterson Law Group PC?

Led by John S. Peterson, our firm has decades of legal experience in land use, inverse condemnation, and property damage claims. We’ve been named a Best Law Firm by Best Lawyers, and John belongs to the exclusive Multi-Million Dollar Advocates Forum.

We focus on complex property litigation, including landslide liability cases throughout California. When property rights and financial stability are at stake, our firm delivers strategic representation with a deep understanding of the legal landscape.

Speak With an Experienced Landslide Liability Lawyer in Los Angeles

If your home or land has been damaged due to a landslide, the time to act is now. These claims can involve technical issues, tight deadlines, and powerful opponents. You’ll want to have a legal team by your side that knows how to successfully litigate these cases.

To discuss your legal options, contact a Los Angeles landslide lawyer at Peterson Law Group PC today by calling (213) 319-4993.