California Landslide, Mudslide, Flood Attorneys
Often homeowners whose property has been damaged by a landslide, mudslide, subsidence or flood have an initial reaction that they have been the victim of a natural disaster for which no one may be legally responsible. But frequently we find that there may be a government entity, or someone involved in design or construction, or an adjoining property owner, who has legal responsibility for the harm suffered by the homeowner.
Liability Of Government Entities – Inverse Condemnation / Landslides / Floods
Your property rights are protected as a matter of Constitutional Law under both the United States Constitution and the California Constitution. Your property may not be taken or damaged for a public purpose without just compensation. Under the law of inverse condemnation, a government entity whose project damaged a homeowner’s property will often be liable for the damages even if the government was not “negligent”.
For example, a governmental entity might construct a road by cutting into a hillside. That road cut might destabilize the hillside, causing a landslide that damages homes above the road. Or a road might collect and direct surface water into a hillside, destabilizing that hillside, causing a landslide which damages homes below the road. In such cases, the homeowners may be entitled to compensation even if the government was not “negligent” in building the road, and even if it was not foreseeable that construction and maintenance of the road would cause damage, because the road is a public project that benefits the public at large.
The individual property owner, if not compensated, would suffer a disproportionate share of the cost of the project. Even though the government did not directly take the property through the exercise of eminent domain, it damaged the property, perhaps without intent or knowledge of the likelihood of future damage, as a part of a project for the purpose of benefiting the public at large.
The homeowners whose properties were damaged are harmed just as if the government condemned the property and took it directly for public use. We represent property owners in such situations to protect their rights and to obtain “just compensation.”
Claims Against Geologists, Engineers, Builders and Other Professionals
Building subdivisions in California requires special care due to the risks of earth movement. The condition of the soil and adjacent hillsides must be evaluated and analyzed carefully so that proper measures may be taken during construction to minimize the danger of future earth movement.
We have found that, unfortunately, sometimes the persons and companies involved in such projects either cut corners to save money or simply don’t do a competent, professional job, leading, often years later, to landslides, floods or other events damaging the homes. In such circumstances, homeowners who have been damaged as a result of such negligence need the help of lawyers experienced in prosecuting claims against the persons and companies legally responsible for these damages.
Whether the claim is against a government entity or a private individual or private company, homeowners are entitled to be put back in a condition as good as they were in before the landslide, flood or other event, both for the costs of repair of the property and for the losses that can’t be cured by repair. That is, often after such an event, even after mitigation [repair] measures are taken, the property becomes unusable, of limited use, not saleable, or worth substantially less on resale because in attempting to sell the property the homeowner will be required to disclose the fact that the property suffered a landslide or flood.
In such cases, homeowners must be prepared for intransigence by the government entity, the private persons and entities, and their insurers and lawyers, who have no sympathy for the homeowner whose property was damaged, but whose motivation is to deny liability even when clear, and who want to “lowball” the damages suffered by the homeowner, without consideration of what is “fair.” The “fairness” of the issues is not within these folks’ consideration. In order to obtain just compensation — not simply to establish liability, but also to present the damages issues properly — property owners need a lawyer who is experienced in fighting for their rights in such cases.
Rosenberg Mendlin & Rosen, LLP, is highly experienced in representing homeowners whose property has been damaged in litigation against government entities, engineers, contractors, adjacent landowners and others in order to obtain for the homeowners the justice to which they are entitled.