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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 4 years 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption