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4. Which of the following is the best comment concerning the plaintiff's action to recover damages from the defendant?
The building on the plaintiff's lot did suffer extensive damage, requiring the expenditure of $750,000 to remedy the defects.
The plaintiff notified the defendant that cracks were developing in the building situated on the plaintiff's lot. The defendant took the view that any subsidence suffered by the plaintiff was due to the weight of the plaintiff's building, and correctly asserted that none would have occurred had the plaintiff's soil been in its natural state. The defendant continued to excavate.
After the defendant had torn down the existing building, she proceeded to excavate deeper. The defendant used shoring that met all local, state, and federal safety regulations, and the shoring was placed in accordance with those standards.
There is no applicable statute or ordinance (other than those dealing with various approvals for zoning, building, etc.).
A plaintiff and a defendant own adjoining lots in the central portion of a city. Each of their lots had an office building. The defendant decided to raze the existing building on her lot and erect a building of greater height. The defendant had received all governmental approvals required to pursue her project.
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B is correct. The defendant received all correct governmental approval before beginning to tear down the building. To prevail, the plaintiff will need to prove that the excavation was done negligently because there is no evidence that the land would have collapsed in its natural state.
A is incorrect. Strict liability does not automatically apply when land is excavated. Only when the excavation directly causes the adjacent land to subside does strict liability attach.
C is incorrect. The right to lateral support does not extinguish when land is improved by buildings. Even though the plaintiff has a building on his own land, he still has the right to have his land undisturbed by the withdrawal of support.
D is incorrect. The defendant must provide sufficient lateral support to avoid collapse of the land in its natural state, regardless of any applicable regulations. Also, compliance with safety regulations will not preclude the plaintiff's claim if the defendant is found to have acted negligently during the excavation.