In light of recent wildfires and floods in California, landslides have become a more frequent and pressing concern. Specifically, the scenario in which water pipelines, managed by public agencies and located in hilly terrains, contribute or cause these landslides. This creates a salient quandary often compared to the timeless “chicken or egg” conundrum.
- Did the soil movement cause the pipe to become displaced and subsequently leak water, which then caused the landslide?
- Did the pipe independently spring a leak, and as a result, induce the landslide?
A recent examination of the issue sheds light on the perspective of the court, who seem to sidestep this debate altogether in their approach to landslide liability, according to a recent summary by Nossaman LLP.
This report implies that the court is not focused on the sequence of events. The landslide’s genesis, whether from soil movement disturbing pipework, or a pipe independently leaking, has been shown to be of lesser importance in their determinations of liability.
Legal professionals, particularly those handling similar cases where public agencies and land management come into play, would do well to note this perspective when preparing for their own courtroom proceedings.