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LANDSLIDE LITIGATION
At Joseph V. Luvara and Associates, we represent clients, when where there has been a defect in one parcel of land that interfered with the land of another. We represent both plaintiffs and defendants.
Plaintiffs, such as a Landowner, whose property has been damaged by a landslide, mudslide, subsidence or flood, has an initial reaction that they have been the victim of a natural disaster or an Act of God. They assume that there is not a legal remedy and an incident 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 of a continuous development project, or an adjoining property owner, who has legal responsibility. Alternatively, the mere fact that there has been such an interference does not mean that there is liability since some instances are not foreseeable, are not negligent, or nothing more than an Act of God.
At Joseph V. Luvara and Associates, we have found that sometimes persons such as 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, a private individual or 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 and after 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.
With respect to prospective defendants, at Joseph V, Luvara and Associates, we believe that legal representation that engages development with a true perspective toward care and completing a successful project requires with respect to development, building subdivisions requires special care, especially when it involves the risk of moving earth. Most of this may be subject to preemptive planning, so that litigation does not need to occur. For example, conditions of 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.
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