In what circumstances will a plaintiff be liable under section 14 of the California Civil Code for damages caused by a piece of rock that has fallen on to the ground?

California, United States of America


The following excerpt is from Holtz v. Superior Court, 3 Cal.3d 296, 475 P.2d 441, 90 Cal.Rptr. 345 (Cal. 1970):

Indeed Reardon v. City & County of San Francisco (1885) 66 Cal. 492, 6 P. 317, the seminal California decision construing the current 'or damaged' wording of article I, section 14, as imposing liability for compensation absent fault, involved public activity and private damage closely analogous to that present in the instant case. In Reardon the state, in the process of constructing a sewer and grading a street, piled heavy rocks, stones, and earth on the street; as a result of the increased pressure exerted by the weight of this heavy material,

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