zerofill
Well-Known Member
- Messages
- 5,070
- Reaction score
- 7,481
Freak athlete, small brain...
-
Read the latest Dallas Cowboys News!Dallas Cowboys Newswire
News: Ezekiel Elliott's Lawyer: Alleged Dog Attack Victim Was Trespassing on Property
- Thread starter WoodysGirl
- Start date
Freak athlete, small brain...
FuzzyLumpkins
The Boognish
- Messages
- 35,976
- Reaction score
- 27,344
Hiring someone to do work in your house at certain times does not give them license to come on your property any time they want.
kskboys
Well-Known Member
- Messages
- 44,469
- Reaction score
- 47,335
Well, I guess we're going to find that out, hey?
jterrell
Penguinite
- Messages
- 33,501
- Reaction score
- 15,655
Not sure where the board has gotten law degrees but you guys need to give them back, lol.
Texas does not have a one-bite rule. Instead, there are two primary claims made against owners in dog bite cases. The most common claim is a negligence claim. Like in other personal injury claims, for a negligence claim, you must prove that the dog owner (or person responsible for the dog) failed to use ordinary care, and that the failure to use ordinary care caused your injuries.
The second and most common claim is that the dog owner failed to use ordinary care by failing to properly restrain the dog. In fact, many local governments in Texas, including both the city of Austin and Travis County, have laws requiring dog owners to have their dogs restrained at all times (though the City of Austin has some exceptions for recognized dog parks).
In Zeke's case the dog was where it was supposed to be; contained in a fenced yard.
If Zeke has a Beware of Dog sign on his fencing he is very unlikely to be in much trouble.
Same if he has en email stating the service is supposed to come out on certain days/windows.
The reality is the biggest risk here is that the dog/dogs be put down or banned from the city where they now reside.
Normally you'd settle out of court to avoid the bad press but too late for that.
This is a typical mess but likely ends up with not much happening except directly to the dogs. --and this may or may not be warranted depending on this chick's injuries.
With her attorney releasing all this to the media you'd think they would've stuck a pic in there for full effect
Texas does not have a one-bite rule. Instead, there are two primary claims made against owners in dog bite cases. The most common claim is a negligence claim. Like in other personal injury claims, for a negligence claim, you must prove that the dog owner (or person responsible for the dog) failed to use ordinary care, and that the failure to use ordinary care caused your injuries.
The second and most common claim is that the dog owner failed to use ordinary care by failing to properly restrain the dog. In fact, many local governments in Texas, including both the city of Austin and Travis County, have laws requiring dog owners to have their dogs restrained at all times (though the City of Austin has some exceptions for recognized dog parks).
In Zeke's case the dog was where it was supposed to be; contained in a fenced yard.
If Zeke has a Beware of Dog sign on his fencing he is very unlikely to be in much trouble.
Same if he has en email stating the service is supposed to come out on certain days/windows.
The reality is the biggest risk here is that the dog/dogs be put down or banned from the city where they now reside.
Normally you'd settle out of court to avoid the bad press but too late for that.
This is a typical mess but likely ends up with not much happening except directly to the dogs. --and this may or may not be warranted depending on this chick's injuries.
With her attorney releasing all this to the media you'd think they would've stuck a pic in there for full effect
jterrell
Penguinite
- Messages
- 33,501
- Reaction score
- 15,655
yup wonder what she was asking for...
and again weird that they didn't include pics or copies of hospital bills in the release.
jterrell
Penguinite
- Messages
- 33,501
- Reaction score
- 15,655
BTW, the attorney is probably going to make 40% of the settlement as his fee.
That means if Zeke offered her a signed jersey and 50K the attorney takes 20K off the top and potentially a couple more Gs for the value of the signed jersey.
I can see why the chick might be pressed here. The attorney's "share" is likely making getting to a reasonable settlement tough.
If she wants to walk away with 50K, Zeke has to pay 90k.
90k for some dog nips would be insane.
That means if Zeke offered her a signed jersey and 50K the attorney takes 20K off the top and potentially a couple more Gs for the value of the signed jersey.
I can see why the chick might be pressed here. The attorney's "share" is likely making getting to a reasonable settlement tough.
If she wants to walk away with 50K, Zeke has to pay 90k.
90k for some dog nips would be insane.
cern
Well-Known Member
- Messages
- 14,900
- Reaction score
- 21,050
There is a difference in being liable for an event and being guilty of a crime.
erod
Well-Known Member
- Messages
- 37,817
- Reaction score
- 58,378
It's always Zeke. We all know people like this. There's one in every family. Always something, yet never their fault.
These are just the incidents we know about. Imagine the dozens more that nobody ever knows about or never see the light of day in social media.
Urban Meyer had to meet with Zeke's parents about his drinking issues in college. Joey Bosa had to move out of their apartment to get away from it. This is just a continuation of then.
jterrell
Penguinite
- Messages
- 33,501
- Reaction score
- 15,655
Dak had a similar case. His dogs got out though.
That's more likely to be a liability issue than someone entering your yard.
Basically the dog has as much right to Zeke's own yard as the person entering it.
So IF the yard is marked and Zeke let the company know he has dogs he's probably not liable but still would have been advised to settle if the dollar amount was reasonable.
If the yard was unmarked and no communication to company had occurred it'd be easier to win liability.
My complete guess is Zeke's attorney indicated a willingness to settle and they started negotiating.
The numbers weren't jiving so now the plaintiff's attorney has went pubic to ramp up pressure.
We are 3+ months post-incident. Would make sense if attorney said I will wait 90 days to go lublic and that has now lapsed.
Redball Express
All Aboard!!!
- Messages
- 16,253
- Reaction score
- 12,758
Ok.
He has issues but we have had lots of guys with issues that found a home on our team and we won championship with them.
Charles Haley.
This guy was disruptive and danced to his own tune his whole career.
He still comes to our training camps and we revere him.
You hate him?
Duane Thomas took us to a SB and while calling Landry a Plastic Man and refusing to give interviews to the media..
the team tolerated him and some like Walt Garrison openly supported him. Even Landry understood his value in a team situation.
Our team tried to rehab Lance Rentzel who was a pediofile and for awhile did great then fell again and was released.
There are a number of others. Hollywood Henderson played in a SB high.
My point is, there are always some who want a unified behavior while others know that ain't going to happen and just stay out of sight.
One day Zeke will probably be in the HofF. I hope it's all as a Cowboy.
SportsGuru80
CowboysYanksLakers
- Messages
- 8,625
- Reaction score
- 4,498
This will be thrown out... Unless the complainant can produce more evidence to substantiate her/his claim.
Oz-of-Cowboy-Country
Well-Known Member
- Messages
- 13,259
- Reaction score
- 17,077
The only employees that can get away with trespassing is meter readers, because they aren't touching anything. So if the cable guy doesn't notify me before he starts working at my residence, he's trespassing. If your job requires you to physically interact with any part of my property I must be notified prior to you beginning your duties.
Most counties have that law so no one can dress up like an employee of a company and break into your home.
Most counties have that law so no one can dress up like an employee of a company and break into your home.
Redball Express
All Aboard!!!
- Messages
- 16,253
- Reaction score
- 12,758
Understood.
I only see him hurting himself.
Not others.
Now the incident he was suspended for?
It clearly seemed the NFL has redefined what is a suspendable offense and how it will handle in the future.
It's too late to help Zeke but they may in the future change their decision about it.
As I recall Zeke had no criminal conviction over it. It was a civil matter.. Hard to imagine anybody being ruffled over that.
If you have ever been to court , you know what a kangaroo situation it is.
I lost a small civil suit against a guy a couple of years ago. I had prepared my defense, came to court and the judge opens the procedure and says she is running behind nd is only allowing each side 3 minutes to state their case.
I immediately objected saying there should not be a limit to my time to present..I had waited 6 months to try the case.
Judge said "over ruled" and the whole matter took 5 minutes. I won $1200 on the case but had to refund $600 to the client becuz the judge had to divide proceeds. I objected and the judge said I could appeal with civil court where I would have to hire an attorney in order to appeal.
I knew she was going to say this as nobody is going to appeal on $600 and hire an attorney at $400/hr. Plus court costs.
I was losing right from the get go.
I hate the way the process works.
So I understand how Zeke feels.
I felt I had been a target in the whole thing.
During the entire estate sale the brother and sister argued everyday over something they did not want to sell. I had them coming in after the sale and putting tags on stuff saying "do not sell" and I removed it becuz I do not allow people to change the inventory once a sale begins.
They pitched a fit but I sent them to my website which clearly talks about removing items from sale. Their contract clearly says the terms and conditions on the website are part of any written agreement.
They had not bothered to read the website. When I told this to the judge at the hearing, she said she had no time to read my website. She ruled and it was up to me to proceed or not.
I was stunned this was the game being played.
I say all this becuz you can not rely on a judge to do things correctly. And you can not rely on people to tell or be truthful.
I hope Zeke gets it worked out.
I still think he is a target here because of who he is.
aria
Well-Known Member
- Messages
- 17,543
- Reaction score
- 16,793
Zeke could have come out of that DV accusation and suspension smelling like roses had he stayed out of the news for all the wrong reasons, he brought that upon himself. He wouldn’t have been a target if he didn’t pull a girls shirt up in public while being investigated for DV, knock out a DJ after being suspended for DV, be held back by teammates for trying to attack another DJ, bump into a security guard AFTER the 3 incidents I just mentioned above.
He has done nothing to improve his image. Hell he didn’t even have to improve it, he just had to stay out of the headlines and everyone would have forgo about it but the more he did the worse he looked. If they could arrest someone for being dumb, zeke would be serving 3 life sentences.
And yes, I hope he gets it worked out as well. I had also hoped he got it worked out over 3 years ago when he was being investigated for DV. Right or wrong, if a 6 game suspension didn’t even phase how he would change his behavior in public or on social media, what will?
Runwildboys
Confused about stuff
- Messages
- 50,387
- Reaction score
- 94,368
Time and maturation, hopefully.
Redball Express
All Aboard!!!
- Messages
- 16,253
- Reaction score
- 12,758
So if I understand you..
you say according to you..
Zeke has just not met your expectations as a person.?
That despite Zeke being supported by Jerrah and the players, he is just wrong?
Do I understand that correctly?
He has no redeeming value except he runs the football to your expectation?
Or is that also subpar ?
Runwildboys
Confused about stuff
- Messages
- 50,387
- Reaction score
- 94,368
In my estimation of @aria 's point of view, the talent isn't worth the headaches, and he doesn't deserve the talent he has.