If a landowner throws dirt and stones onto an adjoining land while performing some work on his/her premises, the landowner will be held liable for the damage caused to the adjoining land, irrespective of the degree of care and skill used in performing the work.  Thus, a person will be held liable for any injuries caused to an adjoining land by casting dirt, stones and debris.

It was observed in Tremain v. Cohoes Co.[i], that a person excavating on his/her own land for any purpose is liable for injuries caused by rocks thrown by blasting on the adjoining premises, though no negligence is shown.  Therefore, a person who uses blasting material which results in any damage of the adjoining property will be held liable.

Whereas, in Garden of the Gods Village v. Hellman[ii], it was observed that an adjoining landowner’s right to protection extends to the invasion of their property by rocks, stones and debris.

[i] 2 N.Y. 163 (N.Y. 1849)

[ii] 133 Colo. 286 (Colo. 1956),