(KPLC) - Submit your questions to firstname.lastname@example.org. Civil matters only, please.
QUESTION: Recently, there was a lot of highway construction being done on a specific section of the interstate near my home. during night hours there are no visible markers alerting where work is being done or which directions to take. while driving at night 2 weeks ago i proceeded down a detour and because there was no signs or guidance i wrecked my vehicle into an unfinished part of the highway, is this my fault?
ANSWER: Louisiana is a comparative fault state. What that means is that the court will consider whether either party was negligent or whether both parties were negligent. After considering the evidence presented, if the court determines that the contractor had knowledge of the defect and had an opportunity to remedy the defect, then he could be held to be 100% at fault. If evidence shows that the driver could have done anything differently to prevent the accident, then the driver could be assessed a degree of fault.
QUESTION: I own a lot of horses and occasionally I allow different people to come out and ride them. If one of the riders were to get injured, am I liable?
ANSWER: (RS 9:2795.7 et seq) Any person, whether amateur or professional, who engages in an equine activity, is considered a Participant, whether or not a fee is paid. As such, the sponsor, be it a professional, or any other person, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities., Therefore, no participant or participant's representative shall make any claim, maintain any legal action or recover damages from an equine activity sponsor for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
QUESTION: My home has a stream running as one of the property lines. Can I use the water from that stream as my source of water to irrigate my property?
ANSWER: Yes you can. Louisiana law states that the owner of an estate which borders on running water may use it as it runs for the purpose of watering his estate or for other purposes. However, you cannot stop it or give it another direction and you must return it to its ordinary channel where it leaves your estate." Now, to determine whether permission to drain the water must be procured from both owners, the court must first consider what actual rights the owners of the property adjacent to the stream hold.
Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.