What is the Liability for the Discharge of Water to an Adjoining Property?

摘要

The California Second District Court of Appeal explained the law dealing with the liability of land owners for water damage caused to adjoining property. The decision is of interest to contractors if the construction causes water to be diverted onto or away from a property. The contractor could be liable for the harm caused. The Court of Appeal looked to prior California Supreme Court decisions which dealt with the various theories governing liability for property damage caused by surface water. Surface water is defined as water running over the surface of land and resulting from rain. That is different from water flowing in a fixed channel or an identifiable body of water such as a river or lake.