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.
Is he sure it was dog feces? There are some pretty weird humans out there...
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?
The fastest thing out of New Jersey since Tricky Nicky in a Muscovian handbasket
Eww!!! This makes me so glad not to have a reason to shop at Pet Smart!!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.
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.
I don't bring my dog with me when I go to Petsmart. She would go apeshit and drive me crazy.
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.
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.
When you are up to your arse in alligators it is difficult to remember you were only meant to be draining the swamp.
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.
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.
This made my day!
Without fear you cannot find courage