Linvill

In this action appellants complain of personal injury and property damages allegedly caused by floodwaters which were diverted onto their land by a levee built on respondents’ land. The sole issue which we are called upon to decide is whether a property owner must act as a reasonable person under all the circumstances when building barriers to protect his property from damage by floodwaters. We hold he must.

Facts

Appellants and respondents all reside near the intersection of Peres Lane and State Highway 126 in Ventura County.

A natural water course (the barranca) flows from north to south in a channel located immediately west of appellants’ properties. Peres Lane runs along the eastern boundary of appellants Leons’ and Hicks’ properties, approximately parallel to the barranca. Respondents’ property lies along the eastern edge of Peres Lane. Appellant Linvill’s property lies immediately to the southwest of respondents’ property across the state highway.

The barranca has a history of breaching its banks at an “S” curve north of the properties in question during times of flood. Prior to the construction of respondents’ levee, when the waters breached they flowed in a…