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Book Chapter

The concept of ‘reasonable care’ on unstable hillsides

By
Robert B. Olshansky
Robert B. Olshansky
Rogers/Pacific, Inc., 396 Civic Drive, Pleasant Hill, California 94523
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J. David Rogers
J. David Rogers
Rogers/Pacific, Inc., 396 Civic Drive, Pleasant Hill, California 94523
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Published:
January 01, 1992

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.

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Contents

GSA Reviews in Engineering Geology

Landslides/Landslide Mitigation

James E. Slosson
James E. Slosson
Slosson and Associates, 15500 Erwin Street, Suite 1123, Van Nuys, California 91411
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Arthur G. Keene
Arthur G. Keene
2601 E. Victoria Street, #308, Rancho Dominguez, California 90220
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Jeffrey A. Johnson
Jeffrey A. Johnson
Jeffrey A. Johnson, Inc., 12818 Stebick Court, San Diego, California 92130
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Geological Society of America
Volume
9
ISBN electronic:
9780813758091
Publication date:
January 01, 1992

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