The recent storms hit Southern California hard. A powerful atmospheric river caused over 475 mudslides in the Los Angeles area, leaving a trail of destruction. Now, you’re left picking up the pieces. But before you blame it all on the weather, consider this: was someone else’s negligence a factor? A poorly built wall or improper drainage can turn a big storm into a catastrophe. Proving it is complex. That’s where experienced Los Angeles landslide damage lawyers come in. They have the resources to find out who’s truly responsible for your losses.
READ MORE: Drivers Should Prepare For Southern California Flooding
Los Angeles Mayor Karen Bass says the situation is still dangerous in some areas. Places near hillsides are very saturated, and mudslides will be a significant concern over the next few days and weeks. These circumstances highlight the volatile environment residents are still exposed to. Local officials estimate 400 trees toppled over in Los Angeles and report seven fatalities. Deldar Legal offers our full support to families struggling with California mudslide damage, and our firm is available to help.
What Can We Learn From Past California Mudslides?
The recent mudslides follow a pattern of increasing environmental challenges for California, including previous atmospheric rivers and the devastating 2018 Montecito mudslide. These events cause immediate harm and pose long-term challenges to the state’s infrastructure, housing, and environmental management. Furthermore, the phenomenon known as El Niño could bring additional storms and the risk of further California mudslides.
What Causes Landslides and Mudslides in California?
Understanding what causes these destructive events is the first step in recognizing the risks. The ground beneath our feet can be destabilized by a combination of natural forces and human activity, creating a perfect storm for disaster.
Defining Earth Movement: Landslides vs. Subsidence
When you hear about ground movement causing damage, you might hear the terms “landslide” and “subsidence” used. While they both describe the earth shifting, they aren’t the same thing. A landslide is exactly what it sounds like: a large mass of rock, soil, and debris that slides rapidly down a slope, like a hillside or cliff. Subsidence, on the other hand, is when the ground itself sinks or settles downward. This can happen very slowly over time or suddenly. Both can cause significant damage to property and infrastructure, but understanding the difference helps clarify the specific forces at play during these dangerous events.
Common Triggers for Ground Movement
The causes of landslides and mudslides can often be broken down into two main categories: those that occur naturally and those that are influenced by human actions.
Natural Causes
California’s unique combination of geology and weather makes it particularly susceptible to ground shifts. The state’s steep terrain and specific soil types are already primed for movement. When you add in powerful natural events, the risk increases dramatically. Intense rainfall, especially from atmospheric rivers, is a primary trigger. This heavy saturation loosens the soil on hillsides, making it unstable and heavy. Once the soil can no longer absorb any more water, gravity takes over, leading to a mudslide that can sweep away everything in its path, often impacting roadways and causing serious auto accidents.
Man-Made Causes
Human activity can also create or worsen the conditions for landslides. Development and construction, especially on or near hillsides, can destabilize the natural landscape. Things like improper grading, cutting into slopes for roads or buildings, and inadequate drainage systems can all contribute. When water isn’t properly diverted, it can pool and saturate the soil, creating the same dangerous conditions as a heavy storm. Removing vegetation through deforestation or landscaping also plays a big role. Plant roots are essential for holding soil in place, and when they’re gone, the ground becomes much more vulnerable to erosion and collapse.
The Link Between Wildfires and Future Mudslides
There is a direct and dangerous connection between California’s wildfire season and the subsequent risk of mudslides. Wildfires don’t just burn trees and brush; they fundamentally change the land itself. The intense heat can bake the soil, creating a water-repellent layer near the surface. More importantly, the fires destroy the vegetation and root systems that act as a natural anchor for the soil. Without this network of roots holding everything together, the topsoil becomes loose and unstable. When the rainy season arrives, even a moderate amount of rain can be enough to wash away this loose earth, creating fast-moving and destructive debris flows. This is why areas recently burned by wildfires are often the most at-risk for mudslides, which can lead to catastrophic injuries for anyone caught in their path.
Understanding the Aftermath of a Mudslide
The community’s response to this disaster has been swift, with city officials and meteorologists closely monitoring the situation. In an effort to mitigate the immediate impacts, Mayor Bass announces plans to seek federal aid, including emergency vouchers for homeless individuals and Federal Emergency Management Agency (FEMA) assistance for those whose homes have been damaged.
As of the latest reports, several buildings have been deemed uninhabitable, with others tagged for restricted access. This damage assessment is only the beginning of a long recovery process that many residents will face. Down in San Diego, the National Weather Service (NWS) issued a rare tornado warning on Feb. 6. Near the Hollywood Hills with multimillion-dollar homes, officials say floodwaters carried mud, rocks and household objects downhill with great force, leading to evacuations.
The storm approached many rain and wind records across the state, with downtown Los Angeles recording one of the wettest two-day stretches since recordkeeping began in the 1870s. Between 6 and 12 inches (15.2 and 30.5 centimeters) of rain fell over the Los Angeles area. So, what does this all mean? California mudslide and other natural disasters are a major threat to everyone, and this past week has shown that residents need to be prepared.
The Human Cost: Injuries and Fatalities
Beyond the structural damage, the human toll of these events is the most devastating aspect. Mudslides and landslides are incredibly powerful, capable of causing severe injuries and, tragically, fatalities. Nationally, these events are responsible for 25 to 50 deaths each year. The force of moving earth, rock, and debris can lead to catastrophic injuries, including traumatic brain injuries, spinal cord damage, and crushing injuries. For families who lose a loved one, the emotional and financial aftermath can be overwhelming. Navigating the complexities of a wrongful death claim while grieving is an immense burden, but it’s a critical step toward securing justice and stability for the future.
Types of Property Damage to Look For
After ensuring everyone is safe, the next step is to assess the damage to your property, which can be extensive and varied. Look for obvious issues like mud and debris inside your home, as well as damage to your yard, driveway, or patio. However, some of the most serious damage isn’t as visible. Carefully inspect your home’s foundation for cracks, as any shift can compromise the entire structure. Landslides can also cause subsidence, which is the sinking of the ground beneath your home. Also, be aware of secondary problems like water damage, contamination from displaced materials, and the potential for mold growth in the aftermath, all of which pose long-term risks to your property and health.
Calculating the Full Financial Impact
The true cost of a mudslide extends far beyond the initial cleanup and repair bills. Landslides and subsidence can create enormous financial burdens for property owners, touching nearly every aspect of their lives. It’s not just about rebuilding a wall or replacing a driveway; it’s about accounting for every single loss, both immediate and long-term. This includes the cost of temporary housing if your home is uninhabitable, the value of lost personal belongings that can never be replaced, and even lost income if the disaster affects your ability to work. Understanding the full scope of these damages is the first step toward a comprehensive recovery plan.
Recoverable Financial Losses
When you begin to tally the costs, it’s important to think broadly about what you’ve lost. You may be able to recover compensation for a wide range of damages. This includes the obvious costs for cleanup and rebuilding destroyed structures, but it also covers temporary housing and moving expenses. Furthermore, you can seek compensation for lost personal belongings, from furniture to family heirlooms. If the mudslide impacted your business, lost income may be recoverable. In the most severe cases, compensation for personal injuries or the wrongful death of a family member is a critical component of any claim. If you’re facing these losses, a free consultation can help you understand your options.
Insurance Claims and Legal Responsibility
Once you have a grasp of the damage, you’ll likely turn to your insurance company for help. Unfortunately, this process can be frustrating and confusing. Policies are often filled with complex language and specific exclusions that can make it difficult to get the coverage you believe you’re entitled to. At the same time, you might wonder if someone else is responsible for what happened. Was the mudslide a true “act of God,” or did a neighbor’s poorly managed property or a developer’s negligence contribute to the disaster? Answering these questions is key to a successful recovery, and it often requires a deep understanding of both insurance practices and California property law. The team at Deldar Legal is experienced in handling these complex situations, allowing you to focus on putting your life back together.
Is Mudslide Damage Covered by Standard Insurance?
One of the most common and difficult discoveries for homeowners is that their standard insurance policy may not cover mudslide damage. Many policies contain exclusions for “earth movement,” a broad category that can include landslides, mudflows, and subsidence. It is crucial to carefully review your specific policy to understand its limitations. In some cases, coverage for these events requires a separate, specialized policy, similar to how flood or earthquake insurance is handled. Don’t simply take an insurance adjuster’s word for it if they deny your claim based on an exclusion. The specific cause of the mudslide can sometimes determine whether coverage applies, making a thorough investigation essential.
Identifying Who Can Be Held Liable
While it’s easy to blame nature, human negligence is often a contributing factor in mudslide disasters. Under California law, property owners can be held responsible if their failure to properly manage their land causes damage to others. For example, if a neighbor’s poorly constructed retaining wall fails or if a developer’s project improperly alters a hillside’s drainage, they could be liable for the resulting damage. Investigating the source of the mudslide is a critical step. This could involve looking at recent construction in the area, the condition of adjacent properties, or even the actions of a public entity responsible for maintaining local infrastructure. A successful premises liability claim holds the responsible party accountable.
California’s Building Codes and Land Use Laws
To minimize the risk of landslides, property owners and developers in California are required to follow strict building codes and land use laws. Before construction can begin, especially on or near hillsides, they must often obtain geological surveys and secure special permits. These regulations are designed to ensure that any development does not destabilize the surrounding land. If a property owner or developer cuts corners, ignores these regulations, or fails to implement proper safety measures, their negligence can directly lead to a catastrophic mudslide. Proving that they violated these established rules can be a powerful basis for a legal claim to recover your losses.
Dealing with Insurance Company Tactics
Even if you have a valid claim, insurance companies may not make it easy for you to get the compensation you deserve. It’s common for insurers to use tactics designed to minimize their payout. They might try to delay your claim, hoping you’ll get frustrated and accept a lowball offer. They may also attempt to shift the blame to you or argue that the damage falls under a policy exclusion, even when it doesn’t. Some may deny the claim outright without a thorough investigation. Facing these tactics alone can be exhausting, especially when you’re already under stress. Having an experienced legal team on your side ensures that your rights are protected and that you have a strong advocate fighting for your best interests. At Deldar Legal, we operate on a “No Fees Until We Win” basis, so you can contact us for help without any upfront financial risk.
How Los Angeles Landslide Damage Lawyers Can Help
At Deldar Legal, we offer more than just legal representation. We provide comprehensive support services to help you through the recovery process. A California mudslide can take away possessions and damage property, but it also puts a psychological burden on families that ends up causing stress, anger, and uncertainty. Our goal is to ensure that you are not alone during this difficult time and that your rights are fully protected.
We can help you on your journey through legal issues and negotiate with insurance companies on your behalf. Our clients mean more to us than settlement money and big returns, we want to help people rebuild their lives. A California mudslide can break items and damage property, but it can’t break your spirit when you have people fighting on your side. Contact us today and we will review your case free of charge when you call (844)335-3271!
### Using Experts to Investigate Your Claim After a mudslide, figuring out your next steps can feel overwhelming, especially when dealing with insurance companies. It’s crucial to understand that many standard insurance policies have complex exclusions for damage caused by “earth movement,” which can make filing a claim a difficult process. This is where seeking professional guidance becomes essential. Consulting with legal experts who specialize in property damage claims can make a significant difference. An experienced attorney can help you understand the fine print of your policy and determine the best course of action for your situation. A dedicated legal team can also bring in other experts, like geotechnical engineers and property appraisers, to thoroughly investigate the cause and extent of the damage. These professionals can build a comprehensive report that strengthens your claim, ensuring that all factors are considered. By managing these complex details, they allow you to focus on what truly matters: ensuring your family’s safety and beginning the process of rebuilding your life. This expert-led approach is key to securing the resources you need to recover fully from such a devastating event.
How to Stay Safe in At-Risk Areas
Living in beautiful hillside communities comes with unique risks, especially after heavy rainfall saturates the ground. As local officials have noted, areas near hillsides remain a significant concern for mudslides long after the rain has stopped. The soil acts like a sponge, and once it can’t absorb any more water, its stability is compromised. This makes it incredibly important for residents in these at-risk areas to be proactive about their safety. Understanding the warning signs and having a clear plan in place can protect you and your loved ones when every second counts. Preparing for a potential mudslide involves more than just watching the weather forecast. It means creating a family emergency plan, assembling a “go-bag” with essentials, and knowing your evacuation routes by heart. Pay close attention to your property and the surrounding land for any changes, such as new cracks in foundations, tilting trees, or unusual sounds like rumbling or cracking, which could signal that the ground is shifting. Staying informed through local news and emergency alert systems is also vital. Taking these preventative measures can provide peace of mind and a clear path to safety if a threat becomes imminent. ### Heeding Evacuation Orders and Warnings When city officials issue an evacuation order, it is based on careful monitoring and expert analysis of the immediate danger. It is absolutely essential to heed these warnings and leave immediately. A mudslide can travel at incredible speeds, carrying rocks, trees, and other debris with immense force, leaving no time to react if you wait too long. Your safety, and the safety of first responders who may have to risk their lives to rescue you, depends on your prompt action. Remember that your personal belongings can be replaced, but your life cannot. To ensure you receive these critical alerts, sign up for your local emergency notification system and keep a battery-powered radio on hand in case of power outages. When an evacuation order is given, follow the designated routes provided by authorities, as other roads may be blocked or unsafe. Don’t second-guess the experts; their primary goal is to ensure your safety. Trusting their judgment and acting swiftly is the most important thing you can do to protect yourself and your family during a mudslide threat. ### What to Do If a Mudslide Occurs If you find yourself in the path of a mudslide, your immediate priority is to get to safety. Move to higher ground as quickly as possible and stay away from the direct path of the flowing mud and debris. If you can’t escape, find a sturdy piece of furniture to hide under or curl into a tight ball to protect your head and neck. Once the immediate danger has passed, do not return to the area until authorities have declared it safe, as the ground may still be unstable and secondary slides are possible. After ensuring your own safety, check on your neighbors if you can do so without entering the slide area. The next critical step is to document the damage to your property. Take extensive photos and videos of everything before you begin any cleanup. This evidence will be invaluable when you file insurance claims and seek compensation for your losses. Navigating the aftermath can be complicated, so it’s wise to contact legal professionals who can help you understand your options and guide you through the recovery process.
Frequently Asked Questions
My property was damaged by a mudslide. What are my first steps? First, make sure you and your family are in a safe location and listen to any instructions from local officials. Once it’s safe to do so, your next priority is to document everything. Before you move or clean up anything, take extensive photos and videos of all the damage from every possible angle. This evidence is incredibly important for your insurance claim and any potential legal action.
I thought mudslides were ‘acts of God.’ Can someone actually be held responsible for the damage? While heavy rain is a natural event, human negligence can often turn a storm into a disaster. For instance, if a developer failed to follow proper building codes on a nearby hillside, or a neighbor’s poorly maintained retaining wall collapsed, they could be held liable for your damages. It’s not always just about the weather; an investigation can uncover actions or inactions that contributed to the slide.
My insurance company denied my mudslide claim. Is that their final say? A denial from your insurance company isn’t always the end of the road. Many standard homeowner policies have exclusions for “earth movement,” but the specific cause of the slide can sometimes change whether your policy applies. Insurance companies may also use a denial as a tactic to avoid paying. It’s worth having an expert review your policy and the details of your claim to ensure the denial was legitimate.
What can a lawyer do for me that I can’t do myself? Dealing with the aftermath of a mudslide involves a lot more than just filling out paperwork. A legal team can manage the entire process, from investigating the true cause of the slide with geotechnical experts to handling all communications with your insurance company. They can identify all potential sources of compensation and fight back against lowball offers or unfair denials, giving you the space to focus on getting your life back in order.
I’m already dealing with so many expenses. How can I afford to hire an attorney? That’s a completely valid concern, and it’s why our firm operates on a “No Fees Until We Win” basis. This means you don’t pay any legal fees out of your own pocket. We cover the costs of investigating and pursuing your case, and we only get paid if we successfully recover compensation for you. This approach allows you to get experienced legal help without any upfront financial risk.
Key Takeaways
- Look Beyond the Weather: Your mudslide damage might not be a simple act of nature. Human error, like improper construction or poor drainage on a neighboring property, could be the real cause, making someone else legally responsible for your losses.
- Understand Your Insurance Policy’s Limits: Most standard homeowner’s policies exclude “earth movement,” meaning your mudslide claim will likely be denied. This isn’t the end of the road; it’s often the point where you need to explore other legal options for compensation.
- Build a Stronger Case with Experts: Proving liability for a mudslide requires more than just photos of the damage. A legal team can bring in geotechnical engineers and other specialists to conduct a thorough investigation and build a powerful claim on your behalf.
Leave a Reply