Laserfiche WebLink
<br />, 002828 <br /> <br />Types of lawsuits that injured parties may bring against those allegedly <br />responsible for wrongs (losses) reflect many of the typical threats which will <br />emerge from current conditions of landsliding and our "litigious" society: <br /> <br />1. Fraud - a former owner advises the purchaser that a house is "in perfect <br />condition" when cracks (caused by recent ground failure) have been repaired <br />and repainted. <br /> <br />2. Negligence - a neighbor changes the natural drainage, thus, causing a <br />landslide on adjacent property. <br /> <br />3. Strict Liability - a mass producer and seller of lots improperly cuts, <br />fills, and compacts earth to create a building site. <br /> <br />4. Breach of Warranty - parties to a real estate sales agreement insert an <br />express guarantee of soil and geologic stability, which is otherwise not <br />adhered to. <br /> <br />5. Failure to Comply with Regulations - a developer or subdivider fails to <br />perform the geologic investigations required by a state statute or local <br />ordinance, or fails to carry out recommendations. <br /> <br />6. Public Negligence - a city grading or building inspector fails to perform <br />periodic inspections of the lot grading or building construction to ensure <br />that the work complies with the municipal code. <br /> <br />As Coloradans settle and develop in closer proximity to real or potential <br />landslide areas, "Acts of God" are less and less convincing in escaping <br />liability. As our understanding of disaster causation evolves, the conditions <br />under which such events occur are continually becoming more identifiable and <br />relatable to specific acts and actors. The results of work by the Association <br />of Bay Area governments (1984) on the liability of businesses and industries <br />for earthquake hazards and losses are applicable to landslides, particularly <br />those triggered by a seismic event. In its Executive Summary, the Association <br />concludes that the legal defense that an earthquake is an "act of God" may <br />only work in two very limited situations where the event: <br /> <br />- 43 - <br />