Question

Walter owned a house and lot in the city of Oakdale. The city excavated a ditch 40 feet deep near the sidewalk on Walter’s lot. When the ditch was near completion, the city encountered a pocket of quicksand extending from the ditch beneath Walter’s lot. When the city removed the quicksand, including quicksand that flowed from beneath Walter’s lot, his front yard began to sink. As a result, Walter lost support for the front of his house, the plaster and ceiling in the house cracked, and the door and windows could not be opened. Assuming that the city was not negligent, and that no statute governs the situation, is the city liable? Why or why not?

Answer 1

Yes the city still might be liable.

First, its not necessary that for a party to be liable, a statute must be there for that particular situation. Statutes are not a necessary condition for liability. All the time such situations keep arising which are not governed by any statute, and they are still taken to courts and arbitrations.

Second, while the city was not negligient in the process of the digging itself, it clearly did not do a thorough study of the area before starting the digging. It also might've outsourced the study of the local area and digging to another party, In that case the other party would also have joint liability. Following a proper process doesnt exclude fro having liability under not getting the preparation right.