06-03-2015, 07:01 PM
That's true Gunnar. IF negligence was proven.
In Maggot's scenario, the fact that there was a 2-inch deviation from code is not proof on its own of negligence leading to death.
Whether the homeowners were deemed liable would depend on the circumstantial and physical evidence in this case because there were no witnesses to say how Jeb wound up on the property. And, the court would know he wasn't after his dog because the dog was tied up outside the backyard.
"The deceased was seen in the area chasing his dog. He is known to case houses and has a history of hopping fences to get inside. Mr. Clinton could have hopped the wood fence or entered through the rope pull gate on the southside of the property after securing his dog on the northside, your honor. No DNA or fingerprints were found at any of the possible access points, including the gap between the house and the pool house. There's no evidence that Mr. Clinton died as result of the zoning infraction. However, I present into evidence our independent expert's report showing that Beanpole Clinton would have been able to squeeze through a 10 inch gap as well as a 12 inch gap, if he was so inclined," said the defense attorney.
That's just an example of how the homeowners might not be found liable.
If Jeb's DNA was all over the gap and nowhere else, he couldn't fit through a gap that was 2 inches narrower, and no previous criminal actions could be presented, then I think it would be more of a given that his death would be ruled a result of the homeowner's negligence.
In Maggot's scenario, the fact that there was a 2-inch deviation from code is not proof on its own of negligence leading to death.
Whether the homeowners were deemed liable would depend on the circumstantial and physical evidence in this case because there were no witnesses to say how Jeb wound up on the property. And, the court would know he wasn't after his dog because the dog was tied up outside the backyard.
"The deceased was seen in the area chasing his dog. He is known to case houses and has a history of hopping fences to get inside. Mr. Clinton could have hopped the wood fence or entered through the rope pull gate on the southside of the property after securing his dog on the northside, your honor. No DNA or fingerprints were found at any of the possible access points, including the gap between the house and the pool house. There's no evidence that Mr. Clinton died as result of the zoning infraction. However, I present into evidence our independent expert's report showing that Beanpole Clinton would have been able to squeeze through a 10 inch gap as well as a 12 inch gap, if he was so inclined," said the defense attorney.
That's just an example of how the homeowners might not be found liable.
If Jeb's DNA was all over the gap and nowhere else, he couldn't fit through a gap that was 2 inches narrower, and no previous criminal actions could be presented, then I think it would be more of a given that his death would be ruled a result of the homeowner's negligence.