The concept of reasonable carey on unstable hillsides

Robert B. Olshansky, J. David Rogers

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The old common-law rules of strict liability with regard to earth movement have given way to the more modern legal doctrine of "reasonable care" in the California court system, which hears the largest number of earth movement-related cases in the United States. Reasonable care doctrine is more case specific, and emanates from the legal definition of "negligence," or the exercise of responsible conduct for which a professional is always held accountable, regardless of liability-limitation agreements. Three landmark California decisions are briefly profiled, including the most recent, in which the California State Supreme Court ruled that it is common knowledge that all fill embankments will settle, just as rotten trees or dilapidated buildings can be expected to collapse. The chapter concludes with the implications for geopractitioners in today's ever-evolving legal climate.

Original languageEnglish (US)
Title of host publicationLandslides/Landslide Mitigation
PublisherGeological Society of America
Pages23-27
Number of pages5
ISBN (Print)0813741092, 9780813741093
DOIs
StatePublished - 1992

Publication series

NameGSA Reviews in Engineering Geology
Volume9
ISSN (Print)0080-2018

ASJC Scopus subject areas

  • Geotechnical Engineering and Engineering Geology
  • Earth-Surface Processes

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  • Cite this

    Olshansky, R. B., & Rogers, J. D. (1992). The concept of reasonable carey on unstable hillsides. In Landslides/Landslide Mitigation (pp. 23-27). (GSA Reviews in Engineering Geology; Vol. 9). Geological Society of America. https://doi.org/10.1130/REG9-p23