06-03-2015, 05:56 PM
Jeb's family could file a civil suit against the homeowners due to the gap not being up to code, if entering the backyard does not qualify as trespassing.
But, I doubt that they'd win in most civil courts, especially if Jeb has a criminal record for burglary or robbery which might be admitted into evidence.
Even though it would be impossible to prove Jeb's intent for entering the property unless he told someone or wrote about his intent to rob the place, I think most judges would rule against the plaintiffs since Jeb was an adult who had no good reason to be there. It might be hard to prove that he'd squeezed through the faulty gap anyway. A defense attorney could suggest other ways Jeb could have entered.
If the dog had been free inside the backyard, I think the plaintiffs would stand a better chance in most civil courts as they might be able to convince the judge that Jeb died in the process of trying to round-up the dog which had squeezed through the faulty gap (assuming there was no leashing requirement in the area).
There are some whacky judges out there. But, I don't think most judges would find the homeowners liable.
But, I doubt that they'd win in most civil courts, especially if Jeb has a criminal record for burglary or robbery which might be admitted into evidence.
Even though it would be impossible to prove Jeb's intent for entering the property unless he told someone or wrote about his intent to rob the place, I think most judges would rule against the plaintiffs since Jeb was an adult who had no good reason to be there. It might be hard to prove that he'd squeezed through the faulty gap anyway. A defense attorney could suggest other ways Jeb could have entered.
If the dog had been free inside the backyard, I think the plaintiffs would stand a better chance in most civil courts as they might be able to convince the judge that Jeb died in the process of trying to round-up the dog which had squeezed through the faulty gap (assuming there was no leashing requirement in the area).
There are some whacky judges out there. But, I don't think most judges would find the homeowners liable.