Last year many parts of Kansas experienced the worst drought on record. Consequently, much attention was given to shortages of water. As the draught continues for much of Kansas, we thought it would be beneficial to share this article we published in the Journal of the Kansas Association for Justice last year. Download the article here.
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 […]
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 […]
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 […]
On January 27, 2013, Tom Adrian and Dave Stucky presented regarding water law at a conference held in Winter Park, Colorado and hosted by the Southwest Kansas Bar Association. The conference was actually a two-day event and Adrian and Stucky were the keynote speakers the second day. The presentation covered a wide range of topics including the historical development of Kansas water law, water ownership disputes, acquiring water rights, changes to water rights, disputes arising from surface water runoff, stream regulation and recent Kansas legislative […]