News: Ezekiel Elliott's Lawyer: Alleged Dog Attack Victim Was Trespassing on Property

aria · Jun 27, 2020

Cowboys22 said:
Sounds like what I’ve been saying all day could be the case. She showed up unannounced at an unscheduled time and date and went in the backyard without checking for dogs. I’ve said numerous times that pool service people are notorious for this. They may tell you Tuesday and not show up. Then just come on Wednesday when you are at work and let themselves in the yard. If they don’t check for dogs first, they are negligent, not the homeowner.

Could be but zeke is also notorious for being a dunce so it could go either way.

Kaiser · Jun 27, 2020

Reality said:
The problem is that instructions are subjective unless they were written down in a signed contract detailing those instructions.

However, even a signed contract would likely not be enough to justify trespassing unless she was there to commit a crime. Now, a signed contract with detailed instructions could possibly be used as an argument against liability, but even then if it says something like, "let employer know" that falls more under a reason for termination, not a defense against liability.

For example, if your employer tells you to take a day off and you show up anyway and break your leg, your employer is still liable for it because you are still employed by them.

Sure, but can Zeke suspend her for 8 games?

jazzcat22 · Jun 27, 2020

Kaiser said:
Sure, but can Zeke suspend her for 8 games?

8 free pool cleanings

blueblood70 · Jun 27, 2020

Reality said:
To be clear, I am not bashing Elliott over this as it is not specific to him.

The fact she was employed by him though will make it nearly impossible to prove or justify trespassing unless she was in the act or process of committing a crime or she broke in or she had been formally terminated prior to that time.

The lawyer should have said "former employer" in his statement even if they fired her after the incident. By saying, "her employer" they basically admitted she was still an employee and at that point, trespassing is going to be nearly impossible to justify without some type of criminal intent or activity taking place.

For example, if you work a M-F 8-5 job but have a key and go to the office at midnight, fall and break your leg, your employer will be liable for it. If you go after hours and do not have a key and you break in, even with the intent to do work you could be considered trespassing.

not true if Pool person supposed to come on Wednesdays weekly they are 1099 contract service, if they show up unannounced on different day, its trespassing..employed by doesnt mean employee , it means he pays further services..

If they are a LIVE IN Maid or caretaker different story , ive never heard of alive in pool cleaner service.. they are 1099 type and not true employees..

the jist of that statement by council they came on day unannounced instead of the designated day.. trespassing or not , coming unannounced where he could have his dogs put up, well theres the lawsuit being thrown out..

Corso · Jun 27, 2020

Reality said:
You are not really paying attention to what I am saying. I am not saying she cannot lose or that Elliott will have to pay her as there are other defense strategies they can try.

What I am saying is that trespassing is not going to work in this case. Unless she broke in or had criminal intent, the court is not going to rule that she was trespassing.

That said, I cannot see how Elliott gets out of this without paying her something if she was indeed there to clean his pool.

So my maid can just come over and wander around because she's my maid on, say, a Saturday night while I'm watching a movie?

jordan4vols · Jun 27, 2020

This is just non news. His homeowners policy will pay and settle it. I work in this field. Happens all the time. Only news because of his name

DandyDon52 · Jun 27, 2020

Runwildboys said:
So she first tried to settle out of court, but Zeke wasn't interested. That's gotta give you pause, and make you think that maybe, just maybe he's not the one who was negligent.

or maybe he is uncaring tightwad?

Just put yourself in his spot, your a multi millionaire and your dogs attack a pool cleaner woman, who lets say did come when she wasnt supposed to.
She gets hurt by your dogs pretty bad, so what do you do?
1. do you say hey babe your fault not getting a dime out of me and also your fired , laugh and get ready to go party.
2. offer to pay her medical bills, and maybe x amount for pain etc.

Aviano90 · Jun 27, 2020

Maybe this case will highlight the fact Texas doesn’t have a strict liability law regarding dog bites and help get it changed so people are held accountable for their dog’s actions.

Reality · Jun 27, 2020

Corso said:
So my maid can just come over and wander around because she's my maid on, say, a Saturday night while I'm watching a movie?

If you gave her a key (or access code) to your house, it would be very difficult to get a trespass ruling.

Again, I think most people are not reading what I am posting. I am not saying it is "right" or that the woman did nothing wrong.

I am saying that "trespassing" is very difficult to prove if they work for you or "sometimes" have permission to your house.

Runwildboys · Jun 27, 2020

DandyDon52 said:
or maybe he is uncaring tightwad?

Just put yourself in his spot, your a multi millionaire and your dogs attack a pool cleaner woman, who lets say did come when she wasnt supposed to.
She gets hurt by your dogs pretty bad, so what do you do?
1. do you say hey babe your fault not getting a dime out of me and also your fired , laugh and get ready to go party.
2. offer to pay her medical bills, and maybe x amount for pain etc.

I'm sure there are many more scenarios that are possible, and I'm equally sure we'll find out that one of those is what actually happened. Maybe she reacted in a way that made him feel she was going to try to get all she possibly could out of him, and he realized that offering to pay her anything would be seen in the eyes of the law as an admission of guilt.

Maybe there's a completely different side to the story than we're hearing, which is so often the case.

aria · Jun 27, 2020

Corso said:
So my maid can just come over and wander around because she's my maid on, say, a Saturday night while I'm watching a movie?

Depends, why is she there? Is she married? Are you married? What kind of movie are you watching? What does she look like? What’s the history between you two?...and most importantly, do your dogs know she’s coming over that night?

Irvin88_4life · Jun 27, 2020

Reality said:
You are not really paying attention to what I am saying. I am not saying she cannot lose or that Elliott will have to pay her as there are other defense strategies they can try.

What I am saying is that trespassing is not going to work in this case. Unless she broke in or had criminal intent, the court is not going to rule that she was trespassing.

That said, I cannot see how Elliott gets out of this without paying her something if she was indeed there to clean his pool.

You are incorrect. You can absolutely get trespassed whether it's your employer or not. Only way she can prove she was allowed to be there is a contract or something from Zeke saying so on that day, at that time.

Just because she worked for him, she can not show up when she wants to. Period. Saying otherwise is a wrong statement.

If Zeke didn't give her permission to be there at that time she won't get a penny.

gimmesix · Jun 27, 2020

I hear Goodell just ordered Zeke to pay her $1 million and suspended him for a year.

aria · Jun 27, 2020

gimmesix said:
I hear Goodell just ordered Zeke to pay her $1 million and suspended him for a year.

We can only dream. Next man up, come on down Mr Pollard!

I would LOVE to see the Cowboys win a Super Bowl with zeke on the sidelines the entire season and then see Jerry let him go or trade him next year. Please, oh please let this happen!

Techsass · Jun 27, 2020

Reality said:
The moment the lawyer said, "ignored her employer's policy", it was over.

Unless she was there to commit an intentional crime or she broke in, the fact he employed her will negate any claim of trespassing unless she had been formally terminated beforehand.

I'll bet Zeke didn't hire her & that he paid the company that she works for to clean his pool.

That aside I hope she'll be OK.

Corso · Jun 27, 2020

Reality said:
If you gave her a key (or access code) to your house, it would be very difficult to get a trespass ruling.

Again, I think most people are not reading what I am posting. I am not saying it is "right" or that the woman did nothing wrong.

I am saying that "trespassing" is very difficult to prove if they work for you or "sometimes" have permission to your house.

Interesting...

HungryLion · Jun 27, 2020

Reality said:
To be clear, I am not bashing Elliott over this as it is not specific to him.

The fact she was employed by him though will make it nearly impossible to prove or justify trespassing unless she was in the act or process of committing a crime or she broke in or she had been formally terminated prior to that time.

The lawyer should have said "former employer" in his statement even if they fired her after the incident. By saying, "her employer" they basically admitted she was still an employee and at that point, trespassing is going to be nearly impossible to justify without some type of criminal intent or activity taking place.

For example, if you work a M-F 8-5 job but have a key and go to the office at midnight, fall and break your leg, your employer will be liable for it. If you go after hours and do not have a key and you break in, even with the intent to do work you could be considered trespassing.

I hear what you’re saying. It’ll be interesting to see who wins.

If Zeke does take it to court the woman’s lawyers need to convince 12 people.

Corso · Jun 27, 2020

DandyDon52 said:
or maybe he is uncaring tightwad?

Just put yourself in his spot, your a multi millionaire and your dogs attack a pool cleaner woman, who lets say did come when she wasnt supposed to.
She gets hurt by your dogs pretty bad, so what do you do?
1. do you say hey babe your fault not getting a dime out of me and also your fired , laugh and get ready to go party.
2. offer to pay her medical bills, and maybe x amount for pain etc.

I'd be like, What the hell are you doing over here?

Runwildboys · Jun 27, 2020

Corso said:
I'd be like, What the hell are you doing over here?

"I told you I'd call you when my wife was on the plane!"

Hawkeye0202 · Jun 27, 2020

Roadtrip635 said:
It would probably work in this case because because of the dogs. Letting him know in advance was not just for a matter of convenience or courtesy, but for safety and not just her own but for the dogs or neighbors if the dogs were not secured prior to her arrival. She arrived without his knowledge or permission and ignored the safety concerns of entering the premises. The dogs live there, she does not. The dogs have to be secured while she is there performing her job, but should not be expected to be secured within their own home when she is not there.

She put herself at risk, she put the dogs at risk if they had escaped the yard due to her unannounced visit, and put others at risk if those dogs had escaped and hurt someone else.

+1

News: Ezekiel Elliott's Lawyer: Alleged Dog Attack Victim Was Trespassing on Property

aria

Well-Known Member

Kaiser

Well-Known Member

jazzcat22

blueblood70

Well-Known Member

Corso

Offseason mode... sleepy time

jordan4vols

Well-Known Member

DandyDon52

Well-Known Member

Aviano90

Go Seahawks!!!

Reality

Runwildboys

Confused about stuff

aria

Well-Known Member

Irvin88_4life

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gimmesix

Fat, drunk and stupid is no way to go through life

aria

Well-Known Member

Techsass

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Corso

Offseason mode... sleepy time

HungryLion

Well-Known Member

Corso

Offseason mode... sleepy time

Runwildboys

Confused about stuff

Hawkeye0202

Well-Known Member