If I went into a ditch on a clay road because there was an irrigation system pumping tons of water onto the road, should I pursue the owner of the field to pay for damages?

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If I went into a ditch on a clay road because there was an irrigation system pumping tons of water onto the road, should I pursue the owner of the field to pay for damages?

It was very slippery and my car is very damaged.

Asked on August 13, 2019 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you believe that you can prove that the irrigation system (the way it was set up, or maintained, or being used) was "unreasonaby dangerous," they you could recover compensation. Property owners who create unreasonaby dangerous conditions are liable for the consequences. You might need some highway or road or accident expert to testify i court, as to what is and is not unreasonably dangerous, and so would have to factor the cost of such expert into whether the lawsuit is economically worthwhile. A court will not necessarily believe your lay (non-expert) opinion, unless the conditions were so obviously dangerous that essentially no one could conclude they were not dangerous.


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