I pay for renter’s insurance, however, if water came into the basement of the place I’m renting and ruined my valuables, would I be able to go after my landlord or would I just have to rely on my renter’s insurance? The answers to your questions depend on a number of variables. With respect to the liability of the landlord for water damage, the first place to look would be the lease agreement. Depending on the terms of the lease agreement, a landlord may be […]
Newton’s Legal Eagle
Do I have a lawsuit against him?
I found a contractor to install a water heater. The contractor e-mailed me a quote. I accepted the bid. The bid specified a brand of unit that I wanted. Shortly thereafter, the contractor indicated that he actually could not get that unit and suggested an alternative unit. Then he said that I was difficult to deal with and refused to install the unit. Do I have a lawsuit against him? You can certainly file a lawsuit against the contractor. The questions really are how good […]
What is a Deposition?
I have heard people mention the term “deposition.” What exactly is a deposition and what is the significance? A deposition could be defined as out-of-court testimony that is later reduced to writing and may be used for court or discovery purposes. To clarify this definition, a deposition usually involves a situation where one party in a litigation matter seeks to depose a witness or other party. This witness or other party can then be asked questions under oath. The person answering the questions is called […]
What is a departure in a sentencing?
I have heard people talk about a person getting lucky to get a departure in a sentencing in a criminal case. I think I have some idea, but what exactly is meant by that term? I appreciate your clarification. A departure is typically sought in a felony criminal case. Felony cases are subject to what is called the Kansas Sentencing Guidelines. Although called “guidelines,” the rules are actually highly persuasive on a judge in a felony sentencing, if not mandatory under certain circumstances. There are […]
Leasing land comes with a liability
I have some land that I am leasing out for hunting purposes. The land is mainly used for agricultural purposes. I certainly like and respect the individuals leasing the land. However, you never know what could happen. Could I be sued for an injury that occurred on my land? If an injury were to occur on the land, would I have coverage under my umbrella insurance policy? This is a very broad question and is likewise very difficult to answer conclusively. However, this response will […]