Virginia man suing Petsmart after slipping on dog feces

[nubka]

sounds like a bunch of crap to me.

...

[debdelilah]

If these extra precautions mean an increase in prices to cover them, then I'll take my chances with the doggie doo...

Well, maybe so when people ask for a million dollars. I'm thinking more of reimbursing doctors for medical expenses for injuries that occur because of a fall. A person I work with is still getting physical therapy after falling backwards on laundry detergent at a grocery store.

Say a person had an epileptic fit for the first time while driving and got into an accident--or a stroke or a heart attack, etc. I think they'd be legally liable in the accident even though negligence was not involved. Same with the store. They're responsible for keeping it safe, even though it's impossible to always be safe, all the time, even with no negligence. So if something happens, they can still pay medical expenses...it wouldn't even be that much, these things don't happen every day.

[StonewshMullet]

Is he sure it was dog feces? There are some pretty weird humans out there...

[Southpaw]

I'm with reckless, I think the guy's got a case.

Here's a man who was 69 at the time of the fall who did nothing wrong but to enter a commercial property and was injured as a result of their open doggy-door policy. A 69 year-old man does not heal quickly. He's likely to have lingering health issues from a fall. Now, whether negligence can be proved is another matter and maybe the case will get tossed but this isn't one of those Lindsey Lohan cases that has me saying "give me an effing break."

reckless, correct me if I'm wrong but just because the plaintiff is going for $1 million doesn't necessarily mean he'll win $1 million if the percentage of PetSmart's liability decreases, right? Meaning, if PetSmart is found to only be 70% liable then the judgment would be reduced to $700,000, yes?

[berthesghost]

If I was on the jury he wouldn't get a dime.

well, that's the risk. So he's either got a good case, or he's not so smart. PetSmart probably offered him like $100k or something, and he and his lawyer think they can get a lot more. But if he loses the case, he gets shit.

[reckless]

reckless, correct me if I'm wrong but just because the plaintiff is going for $1 million doesn't necessarily mean he'll win $1 million if the percentage of PetSmart's liability decreases, right? Meaning, if PetSmart is found to only be 70% liable then the judgment would be reduced to $700,000, yes?

If Virginia has comparative fault, that may be the case. I don't know what standards they apply to negligence. Each state has differences.

well, that's the risk. So he's either got a good case, or he's not so smart. PetSmart probably offered him like $100k or something, and he and his lawyer think they can get a lot more. But if he loses the case, he gets shit.

Don't assume too much. The plaintiff in the McDonalds case said she would have never filed suit if McDonalds had just been willing to pay her medical bills. Companies often do not make settlement offers right off the bat, since most complaints never turn into lawsuits.

[shan]

Originally Posted by dbell1 View Post
It's Pet Smart. I refuse to buy anything on a lower shelf there after watching dogs mark their territory on a vist.

Eww!!! This makes me so glad not to have a reason to shop at Pet Smart!!

[orbitz]

How about just no pet allowed in the store? Yeah, it won't make PetSmart popular but they have a monoply of pet food retail so it won't affect them.

[StonewshMullet]

I don't bring my dog with me when I go to Petsmart. She would go apeshit and drive me crazy.

[MacMadame]

How about just no pet allowed in the store? Yeah, it won't make PetSmart popular but they have a monoply of pet food retail so it won't affect them.

But Petco lets pets in their store so PetSmart kind of has to too to stay competitive.

[Japanfan]

How about just no pet allowed in the store? Yeah, it won't make PetSmart popular but they have a monoply of pet food retail so it won't affect them.

It's standard policy to allow pets into pet stores. Pets are after all the consumer of the product. As a pet owner I enjoy bringing my dog into pet stores, where she gets pets and treats and such.

It is rare for a pet to defecate in a pet store - as a pet owner I would not bring a dog that wasn't housebroken into a store. And if my dog did have an accident, I would feel responsible to clean up the mess and get staff to provide me with what I needed immediately.

This is not to stay that the store isn't liable - I have no idea whether or not it is.

[Aussie Willy]

A friend is a clerk for a judge, and all they do is review cases of scammers suing the city. He said the easy ones are the ice rink ones: every year they get 100s of people who slip on the ice at city owned rinks and sue, but because there's a posted sign at the rink entrance saying you skate at your own risk, they're all just automatically thrown out.

What about though if the rink let's people misbehave (like playing chasey in a public session). Or the rink I went to where they allowed people to kick a ball around in a public session and it ended up hitting me right in the head. It didn't hurt me but it sure as hell was an accident waiting to happen.

As for the dog poo, I think the pet store would probably have a hard time defending themselves. They would have a responsibility to keep their premises clean so that people didn't slip on dog poo. It is a foreseeable risk.

[screech]

If they don't have one already, why doesn't the store just put up a warning sign indicating that they try their best to keep the premises free of any animal messes and to notify staff is such messes are discovered. Then their ass is covered because in a roundabout way they have stated that there is a chance dog doo may be on the floor, and those entering the store have been warned and therefore in a way enter at their own risk. It could save them a (pun intended) $hitload of money.

[skatefan]

Oh, I wish this thread had come up earlier! A couple of weeks ago I was in Coventry city centre, walking down a gentle slope into a covered shopping mall when I slipped and went down very hard onto concrete. I really hurt my left hip, leg and arm. Someone kindly helped me up and I was completely as to why I had fallen over. Looked underneath my shoes and there was the evidence - pigeon poo on the left sole and, further back, the marks where I had skidded on it Bearing in mind this was also indoors, I looked up, and sure enough there were pigeons roosting in the rafters. I wish now I'd reported it! But I just was so and in pain and tearful, that I just wanted to get back to my car.

[MOIJTO]

This made my day!

[mkats]

What about though if the rink let's people misbehave (like playing chasey in a public session). Or the rink I went to where they allowed people to kick a ball around in a public session and it ended up hitting me right in the head. It didn't hurt me but it sure as hell was an accident waiting to happen.

My rink turns off all the lights and turns on the spinning disco lights for their regular afternoon public session. There is a skate-at-your-own-risk sign, but this is just a ridiculous accident waiting to happen

[NancyNC]

Is he sure it was dog feces? There are some pretty weird humans out there...

In fact, one of my best friends watched an elderly woman take a big ole poop in the produce aisle at a Safeway grocery store. She calmly pulled up her underwear and strolled off. My friend went to get an employee so it could be cleaned up, then left the store without finishing her shopping. She thinks that the woman had dementia, but still...

[Civic]

It's standard policy to allow pets into pet stores. Pets are after all the consumer of the product. As a pet owner I enjoy bringing my dog into pet stores, where she gets pets and treats and such...

Dogs are funny creatures. Does she wag her tail as soon as you tell her you're going to Petco? Does she recognize the store as soon as you pull into the parking lot? Does she have a favorite salesperson there?

[StonewshMullet]

In fact, one of my best friends watched an elderly woman take a big ole poop in the produce aisle at a Safeway grocery store. She calmly pulled up her underwear and strolled off. My friend went to get an employee so it could be cleaned up, then left the store without finishing her shopping. She thinks that the woman had dementia, but still...

I've seen this happen twice. Once when I was walking down the street in New Orleans, the other time was when I was walking down the street in Paris. I had nightmares after both experiences. Now I never assume poop on the ground is from a dog.

[NancyNC]

I've seen this happen twice. Once when I was walking down the street in New Orleans, the other time was when I was walking down the street in Paris. I had nightmares after both experiences. Now I never assume poop on the ground is from a dog.

I have to say I would rather see it happen on the street instead of in the produce section of a grocery store where I was getting ready to purchase food...