WWL>Topics>>03-05 8:10 am All Things Legal

03-05 8:10 am All Things Legal

Mar 5, 2017|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

Assessing the person's legal matter often requires extensive interviews review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorney seemed guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice communications with the attorneys on this program whether verbal our digital do not create an attorney client relationship. Hey good morning Texans covered Nico you were in the r.'s all things legally gives called T 60187. Or Texas and 87878. Will take your legal question and one entry and you won't get a bill for informational purposes only got Albert Nico good morning and Albert. Eight what's up man. Not that much 02 week we were off last week and a you are aware here you know hat. I am I'm in support among privateers thing here congratulations little shout out to them and their coach. The one there's won their conference soaking conference this year and they start the tournament next week and Katy Texas. So good luck to them they've got a an automatic bid to the united team for winning their conference in there and he if they they win the turn of course they get into this the bottle Foreman upon with the March Madness bracket. I think Q and how many would win the state championship this year College Station if if they all of the teams played yes. L issues notional Altima August. Nickel they did actually writing the Nichols Saturday right southeast yesterday. They losses to Boston Celtics an era and what that game. Thursday night in the ages. They didn't play well through the ball away a lot. They've beaten pretty handily the last on the player and so I think that kind of women think and this is a gimme and got it handed to olympians who. They they play well I mean it was it was. Fun game watch and beauty vision go to the you know arena. You go to the arena and you use it's so close to the court opinion that there may be a 1015100 people there it. You used you. Get to see really good college game up close and and and I think it's excellent and books. It's it's it's a good time to go out there and them bring the kids and uncles. Unfortunately and they're good unfortunately at the same experience as porous proximity to for the fans at. It's it's a set thing. I'm. Very disappointed in the whole program. You know what happens is when you let the players. Run the team. Like last year like last year. Yes in an area touted as that doesn't recognize and Simmons is probably the worst thing that ever happened to Ellis you've been a bit. Basketball program I don't know I don't do it and that it always. Via the net. At least if he would perform little bit. But even using who's been even that he wanted to dance I'm not going to I'm not going to class and not doing anything. You know he didn't wanna go to the am ninety he thought he was too good fortune he wasn't gonna play. So than Jenny Jones as the rest of the players their tick let's take a vote ya wanna go in and please don't vote to be take two's no line taken we're gonna go play we're gonna with a little town visitors here experience. You know we have is go out there and compete and that's why we're on on this team is to go try to win ballgame like now like pins out. There is that one is the loss to be why he's having on 101 there were undefeated for them. But they might have maybe one player though making India but the roster players such as good players right there place yeah. Great to elect great college players that you know gonna look great timing great memories going through all this in L issues Jews in this. I don't know so it was just so frustrating to watch in the and to see what happened afterwards in the this year is the remnants of that. You know me and other players are out there. If you know in the press was so. Excited. About having somebody there to really cheer for real issue you know remember watching some games last year and in. You know Simmons would would. Be under the goal and somebody would make just unbelievable pass to him. And although although the notes would do was talk about Simmons and so the other guys are watching this game. Yeah I made this great pass that got him open so he could score that layup then. Well you know all my while Simmons was playing here at the game twenty people by Bucknell so right close that's another issue but. Congratulations to you know also you know baseball. This is news partners who beat the tigers couple weeks go back a ride home from admiration night listening game and I. It hurts every time while she loses it hurts but right. Losing you and oh her laughs because of those great program to a four L issues like dean later phenomenal job in town. The scrappy and there is off to a great start you back. Today we go to 930 at LSU plays Texas Tech. Admitted Nate field. They played yesterday it's Taylor Jarrett who wish today. Is that a zero point zero your day 23 innings. He almost threw back to back no hitters which is unheard right. That would probably be one of the greatest feats in baseball period. In any level. Especially to throw it back to back our. No hitters that last week and he went into the ninth. With no hitter and then write write. Down some people there was. It took its a great. It's a great. Just that rate College Baseball venues mean. And in fact Melissa and her. Like a football game. You know when nobody is little idea what that we relish of people because Ella Ella she's alumni base in Houston. It is yes it is huge probably bigger than the other college and ending on Texas house for sure and probably bigger than most Texas pouches. So on that that was on elegy probable they have and you Olympic baseball now. I'm not prepared every I do watch the game the other night they'll watch the UNR game and then I watched a little bit of the oh what game was Friday night coach you're pleased. Which which is TCU. It appointees he had a plea TCU and new opera and who are pearl proper alignment without playing gut. And act out of you know out knocked around logos peeking in on that a little bit I mean it was all put their. This tech I mean TC's fragment warning that two lanes approach. He's coached in Vietnam and so we will probably see them again. In the world here in the college World Series hopefully. But mrs. definite best teams that's ahead alone on when they won a World Series. And probably. As talented as any team. They get probably 212. Pose Sherry in line to pass 12 pitchers Al she's ever. All right so so educate your little bit. When you talking about the best team. Are we talking about each string of pitchers that really. Are you talking about how can losing guys on the other side that can hit I think fielders I've tried everything I. Globally count laws. One of the top three teams and no shoes even accountants gets eaten skip through on tips from I think my may be top 45 maybe I'm cool. Orbit. They they're gonna. The their there are very inexperienced than. So were weren't happy about that effects and that's why we're on till 930. It is pregame thoughts on 31 pitch tents so if you do have a call you wanna call and that's because we used to call him earlier. We normally get our calls a little later in the show. Monolith people who get home for picture too with the with the dealers that. Usually from 930 to ten as well we do align. What we have six or seven on the board exam that those routes and so. Let's start the lightning round around 9 o'clock or even though we started now you are because we can keep dogs or that you talk about now what we will or off last week. We had had a chance talk but Marcus cousins. Which that it was a great news. I think it was a great move. Little white who have seen them keep. At least Langston Galloway right one more shooting yet a million in two years we've gotten rid of four. A bottom of the best shooters on the team you know we got rid of Eric Gordon. Ryan Anderson but he healed in the and Langston Galloway in two years so. So the game is too. Pile in the middle. If you're playing defense against the pelicans. And deer than if you have three because. Bearded who don't have believe it or not I think. I think Dante Cunningham issued late in the high forties for injuries in in that right corner if he's not a guy you really want always go to but he's usually reliable and convenient as. But just. I don't know it's it's frustrating to see them I'm still. Again not a big fan. Those of this coach he idle idle C he doesn't know what to do with those suits to two all stars and a former all star drew holiday. On the court at the same time and yet when a game with the media. I don't see that he. Has. In understanding as to what he wants to do the players means especially as far spacing is concerned. And as far as an you know won his criticisms of money Williams. Was his game management at the end of the games are. I mean we're we're hiding for the days of money Williams right now. In all respects. And. Well I'm not in my blood up today compared to parent and gentry just very disappointed he. You know watching the game against Houston who is a running gun type office solution forty to fifty threes a game. And we got running Matt welcome that's not our game. You know we retreat we threw weave through. Probably 1015 turnovers in the first half just. You know just trying to keep up with his team that's it's shoot shoot and bomb and threes. And that's not our game figure out which your game is low detail and working in the middle rocks. Place mark. You know. Actually a DeMarcus Cousins Anthony Davis this war over playoff team than regular season because what happens in his. When you're in regular season NBA played before with anything. In the playoffs you play half court game. In his sport setup that he's still the shooters. This creates space. Right order to get in. And shall do so now at least with those two. You have the ability to attract maybe someone. Like Chris Paul. Who will be free agency I would love seeing him come in anyway he would see an opportunity. Well absolutely. And maybe another shooter who's three point touch you Ryan Ayers and I'd shooters to spread now. You could attract that players to community you know we have a legitimate chance. To make a run at the Western Conference right if we get the right coach. And we at the right. Pieces together so all right well we're going on till 930 so on your call 2601870. Talk along he talks sports yet but will be right back at his beat time out on all things legal we've backed exits are now technically we can lower is all things league we're on till 930. If you tune in 931. To light in round you get to LSU baseball pregame show your dues and you might be happy about that. As it that you might be happy about that that's. All right let's go to ball on the Skoda guild goes got a question regarding a liability question Hague Jillian and all things legal ducks concern now for Nikko. Good morning gentlemen these girls. Who. Question efforts to an accidental death. That occurred. List. Actually did it involve lots there was. Living in Mexico now. Was much homeless and people that and and but that's about it at. Did he knew it and it certainly has moved out. And the whether or not be a lot on the in this home while they do authority. The beatings go home. A 100% sure that. In doing so stated. I wouldn't push. And so it will look. At these generators and almost. Certification. Some question and but anyway the question is there any liability on the holders are to war. Yet. Well I'm not sure more. With the state of the law. Strict liability is in the state of North Dakota but. You know in Louisiana for instance. Unless she could establish some sort of negligence. On the part of the over. Then I don't think that. That that there would be any liability. In this situation it seems like you're you know you're so it was cold we started to generated and you know the left him inside the shed. And it is certainly would be at least. Contrary to earlier comparatively negligent. I don't know that there's any other news you know owning a generator and having it. In the shed that's all that the owner did sue. Actually it. There. Right civilian exactly just saying he loaded in the it was inside the into each of the garage sue. That's that's we used to regenerate so I don't I don't see yet the so you liable to do this you know. For his own death and that way. And yeah but I just got it. There may be some strict liability question you can ask I just I doubt doubt who's in England in north or not that long man Hampson. Do gases that you're from Louisiana standpoint you know he I would not see any liability in part. Generated company or. So listeners feel toward products case you know I just seen. All right guys are under our laws aren't. Thanks thanks for call and Albert just follow up when. You know people often call and says look. In action on too much property of slipped and fell our Newton are hurt myself round. How is it would as to. Liability for homeowners might get. New properties should bird all right. The the person that was injured. With heavy. Burden to prove. That. The course owner you know was was in possession of the promise and so was a release or whatever that the owner whose owner. Had possession of it that the owner field and his duty to maintain the premises. Or knew or should have known of the defects. And so infield to take. Adequate steps to remedy the defects. There has to be defects you know in in gill situation. Does not seem to be defects you keep generator in your garage. Someone starts it up you know. And in the defects also has been unreasonably dangerous correct. I mean just because you have imperfection. But it's not dangerous exactly is in day exam basis port two now sometimes in your homeowner's policy. That if someone gets hurt your regardless. Of negligence they may be a met today. Provision in the homeowner's policy has to pay. For some medical tea defined amount of medical bills are correct but again. It's just got it in you have to establish you know people ask me that all the time oh you know he was among property. Well yeah he was on your property but if he just tripped and resume feeder issues were very slick on the bottoms and whatever the case may be and someone fell. That does not rise to. To negligence on the part of an. It's interesting because we do get calls all the callers can call saying now's walking through parking lot of grocery store. And I tripped and Felton. And and when you dig into who would you tripped and fell while long while I just fell off my heels are Ryan I you know and true overall feet. That gets into the merchants that she does well you know when you're inside of the store. Merchants have a duty to keep their files and shelving meat and clean however UNC. Is in customer. Have a duty to approve. That. They knew about his defects or that the deep that existed for such a period of time to visit temporal element in your in your burden of proof. And that the new about it for such repeated that the defect was there for such a period of time that the new auction known about it. So it it gets to be real high burden to prove the legislature did a good job of closing a lot of things slip and fall. Cases paintings grew trees and other places. I'm so it's it's they're harder and harder from becoming a big big candy prove him depending what do you backs shall always call and find out but. If it's on by virtue of the fact that you were hurt. Also when else properly from other regions that doesn't mean that there automatically while correct and actually good to the opposite true is true. For rural areas of fueled some formally and somebody's out there and elated hurts themselves. There's a limitation on liability they've got approved. You know gross negligence that you knew about some really dangerous situation fields correct so it's is Steven harper. All right all right well we're gonna go to break CBS news break what do you think they're gonna talk about the C yesterday's race I had no idea who it is. So August it's going to be in and we tried so will be back in about problem isn't local on CBS break I named to back about four minutes all things legal will see that day were backed exits there Aberdeen oh yeah we get hers. Gives call 260 when he heavier Texas and eight have meets every. Now you got a call early and were only on and on thirty on bail issue. Pregame show at 930 plane Texas Tech 10 o'clock first pitch. So called early and now wait totally lightning round news. I don't think Chris where the news Ellis you play by play announce mobile industry's legal question that your play that I'm Packers. Although we might be able if you sports question mr. through that we couldn't we can cross over from. Answer maybe totally rule. We in my view it's. So listless let's follow a little bit on. I guess you know property. You know liabilities. Property damage our question port. Let's say if someone has this baseball. For party okay trampoline. And they have. Neighborhood cute comments on little waivers in each Obama trampoline. And and you're seeming to risk. And what is is that something that is. Helpful and protect yourself as. Very interesting you should say that there is. A lot of people. You know you go play ball it. As a sports and some place in the future to sign these waivers. Around. The currency civil code article on point that prohibits. The individual. From. What does to prohibit you from signing but it prevents it from being valid or invalidate. A limitation of liability. For personal injuries. Home. You can weave your liability property damages. Sue for instance. Use and contract with the termite contract. And in the termite contractors. Agreement it says. Liabilities limited to. The value of the cost of the home of the report. That's a valid waiver you wave that its property damages it's it's enforceable. For general liability only not for. Home gross negligence one willful negligence or intentional walks so there's two aspects of that statute one is you can't. We've personal injuries and the second aspect of news you care we've. Gross negligence gross negligence is do some really stupid it's just yet electricity even the slightest bit of care like you almost don't care about the consequences of your. Or you know in in the contractual situation it's it's intentionally not performing. A portion of the contract was supposed to do and didn't do it as a result of damage. So you get into that roam the gist of the waivers themselves. For personal injuries or non. Worth the paper there aren't that. Rome. Especially if you did you get into the kids of course acute and under eighteen Q Simon anyway it would not be valid in an age of consent. To enter into contracts so they would have to have their parents find it on their behalf but even then it wouldn't help. There's a limitation. I am but anytime you go to. Not locked on a team. Places. Parties. They can't protect themselves. Then of course once you you get past that that waiver issue. You do it and that you burn to prove that. The facility was somehow negligent or that the apparent. Who's supposed to be watching these children jump around on the space walk. Home. If that person was not. Monitoring these kids in and supervising them like. It was supposed to be doing and not act like Paris right up there off inside whoa you know five year old kids were out there you know rough housing. My parents used to use that word a rough housing in the in the in the trampling over the space walk. And yeah than you can maybe establish some liabilities hell I'll left my child in your care. You in again in every case is so it is is based on its own facts you know with the kids. Wanting. You know Joan trampling it with a five where they're of age of reason. You know can you reasonably say that you know everybody was evident that I mean you know we checked on him every so often in. It's going to be a question of fact whether judge or jury thinks that which you did. You know was was reasonable so basically before the break and if we wanna summoned up in night. Terms in you know August matter you know Metairie terms and he can't silently stupid right. You say you UK and the changes in the beautiful personal injuries. You can't you can't store with that. You can't they can't just say no sorry you signed a waiver and so you know I'm I'm not responsible for me personally entries. But then again it's the person who's trying to prove someone's negligence burden to do so. In their various steps in and burdens of proof that you have to overcome. There you go you're in radio and Internet show. And then ouch yeah it's and that cost the sent you your home whose free and that's what we do is for buzz for informational purposes. All right let's go to break that sincerity Albert Nico your week and lawyers will be right back after his brief time out they were back ducks and Terry govern because you we gamblers all things legal you know all the talk about the Russians. I thought they were gonna talk about at the news spread about the 37 anniversary of the United States beaten Russia in the 1980. Olympics he. Oh that's the Russians to go and I think that's right this or that or that pistol Pete Maravich Chavez's. Jersey retired again by land in Atlanta too and hearts. And in fact that was February 25 at I was 1977. Was the. Fortieth anniversary of that incredible game where he scored sixty points it's your minutes ago against any any file that. They file they hit three charging files weren't in the first quarter. Two in the fourth quarter because of refereed and it can't appease the right time and that was six points. On top of that. You do hit the three point line. And if they have three point line it would have been 81 points in and there was another three minutes or so in the game is about it that the compliment yeah that he that he filed out. Could you imagine in the game today they would never filed. The superstore now now the in his hair on top right on top of that it was against Walt Frazier yeah manager and who achieve better defensive guards in the league at that time. But I what was the coach red Holzmann knows what's at bronco though the coach. He's coached there are these gentlemen Janeiro Rome. Coach the lakers. He was on that team as well in New York. Who. No. Our reckoning that's starting on whose acts Joseph Jackson to have those act Phil Jackson on that team as well Phil Jackson he looked like George Carlin planet and again we went on a pair of I don't feel like what is this guy out there. It looked like he just came straight losing Francisco and the summer of love and my image and if you've never seen you can YouTube at its peak it's pistol Pete sixty points. In in it it's all of you shots it's in black and white and it's it's compilation about five minutes of every shot but he may. That as trying to hit the announcer New York's help calm along there are vulnerable. So anyway there you go to the Russian I would guess that now with the Russian hockey. So I got a day ago via Wi week so we took we took the Russian issue in Natick political right that try. On USC. Art let's go to on Norman's got a question hey Norman and all things legal attacks in turnover Nikko. It more jobs for our younger Greg bring. Up more. Our real quick out of first of all the offer mutual dropout the subject or are you sure you would do it. I'll probably that it aerobic vehicle is set off. The people your book award Jiabao. Well yes exactly exactly about you you rough thousand. There are no other animal once sues them. Cliche. Okay I'll tablets. Of the Robert Fisher. It will go off off days ago. And the last one out whatever our commercial operators are already knew. And the period whether it would work that you though late about now. But it whether or what are the regarding. We get a walk rules you know holes in the gulf war is what it is it is our city court of law. Politically though. You can return is deposit. And connect. Com. Yeah I wouldn't do have you contacted him. It. That's where I would start I would send them an optimization of damages or we get a pass them. So there you have something to negotiate from and if you and settling for something less and decide to do the work yourself. And you might be made whole. Be careful doing the work yourself if you got a license contract you still have to give you permits in those sorts of things depending artwork you can be doing. But yeah I mean it's your time limitations you've got to. Welcome property damages you've got a year depending what the lease says. Mum. It is due in ten years from broke breach of contract but I would I would do within a year it's it's coached in terms of tort. There and it would be one year from the date of your discovery. Of the damages. Perfect the secretary. Last day here are. What we are. Jarvis double property need a tribe or. I probably what a water street yearly and right. Debate go operatives that are got a record here on the month. Sure they'll. You have you know I doubt that you get much interest from a commercial tenant. Our own Reza residential folks might do that. Now again if it depends. It might make it more marketable to sell if it went rented. I'm. Just four landlord and Tenet purposes. When you signed a lease with a lieutenant. And it can go ahead of the record that Lee's record books clothing notice of Lee's. And what that does is it protects that Tenet in the event that you sell that property. To a third party. If that lease is recorded in that person who purchase. A third party person purchases of property. Is now put on notice of the lease India and has to honor that lease implies that properties subject to Belize. But if if there is no least recorded in the public records. And that and that person can evict the Tenet win they purchase the proper. So. Yes in the in the second half of that is. If someone. Needs financing to purchase that building in the purchasing and is an investment. Home it may be better that it is at least because. In their equations certain lending institutions back. Or and blew the rental that's being currently being. Received. To help towards the note in factory in this these. Credit worthiness I guess. Via. Bow for. So you know in those instances it may help in you know in some instances under right now looking for some. And roll. Real state for him and residential rental real estate and I want I want the properties to be rent wanna go in interest taken over and then. I don't have rental income as opposed to. You know. Moving into the property or whatever so I'm PO if it makes it more attractive to me as a prospective purchasers that property is in fact aren't. So you know get all that I guess to kind of wait it out and as to whether or not you one of grant them long term least if you do griddle you know a year lease who blew a three year lease with the options when the case may be. You wanna make sure that it's at least more rate. Yeah. Because somebody going again doesn't want to be stuck with the below market rate. Right now that that's that's secure. Okay well I'll regret would be up basketball go with Obama election phase welfare they have now we are doing good. Man I'd have to stay tuned to undergo an LSU basketball which might be Tuesday. I. Don't go. Through a couple of state enormously to Ernst it's at 10 o'clock pre game in nine there will be less than they. Are items in the it was gonna break. Texans area over the W we can lawyers ultimately we'll be right back after his brief time all right we're back Texan Terry avenue W we can lawyers all things legal want to non 3930. I'll issue worst Tex tech baseball. First pitch ten pre game on thirty. Albert accomplishment question. That a punishment question does and that's not the studio. From Garrett. Livonia different year and he's got a question that it's this this is it illegal to recycle and in aircraft. He's personalities. I think the question is going to be. How do you establish that it is abandoned. I have been in the water in case you pull up a long look. Afloat it's full of algae. Clearly it's you know it's been there abandoned quite awhile you pull up the crab trap and it's. It's also full of algae in growth and everything else. I think you would probably be doing. The glee lake park train station association and whatever waterway urine of favor by getting that crab trap on the water. If you choose to go prussian war should when Hiroshi dutifully recycle it. In and put it back into use I don't see a problem with that. The issue would probably be so you know oh look this wouldn't have been handed him that it's nice and bright red with a pretty flew me you know queen rode that ride. If you ask my question yes I like the sign office with Cramer with the option. You think the lobster traps exactly that if it is like ebony cramped in there fresh chickens things typically to that. Saying that and the snack or exactly. So right so you just but I think if it's clearly abandoned if it's a little bit of a boot hit it it's up on the shoe war. You know those kind of things you know you'll pull it straight out of it straighten it out and retired and things like I think. As a matter of fact I think in an annual basis is a group who's standing in. Kind of pulls a lot of that stuff on the water. You go to it kills me go to the media remember the what do they call it stuff. It was whose whose floats that they floated in the water after after the oil spill and compliments no wasn't me float if it was. Anyway the we'll talk about it after the break would basically be what they were anchored there with these anchors. In when the crews went in picked those things up. They just cut the road and left all of them throughout the more. While all right well we're gonna go to. Take a break and national news local news will back in ten minutes for the last half an hour halting legal to stay AT&T and about ten minute.