Posted on 03/07/2003 9:51:52 AM PST by formercalifornian
FRANKFORT, Ky. - A woman who slipped on dog feces and hurt her ankle while she was shopping at a Petsmart store deserves a jury trial, the Kentucky Court of Appeals ruled Friday.
The Boone Circuit Court granted Petsmart a summary judgment in September 2001, and dismissed Vickie Jenkins' claim that store owners were negligent in her fall.
Jenkins had testified in the original case that she shopped at the store at least once a week for about six years, and never encountered animal feces or urine on the floor.
She told the court that on April 23, 1999, she was shopping at the store, and was not looking where she was going when she stepped in the feces and slipped.
Petsmart argued that because Jenkins acknowledged the feces was out in the open and she could not say how fresh it was, they should not be responsible for her fall.
The store also maintained that since she had shopped there for so long, she should have been aware that animals were permitted to walk around with their owners.
The appellate court disagreed with the circuit court's decision to dismiss the case. In a 3-0 decision, the court ruled there are enough questions that a jury should decide the outcome of the case.
"It is wholly reasonable for a customer to be perusing merchandise on shelves lining the aisles through which she is walking instead of focusing solely on the surface beneath her feet," the court ruled. "Additionally, Petsmart's duty to keep its premises in a reasonably safe condition must be examined and evaluated in light of the special nature of the risks to customer safety inevitably created by the presence of animals."
My understanding is that Chicago ordinances do not prohibit a dog accompanying its owner at an outdoor cafe, leaving it to the individual establishment to set its own policy. A web search under "dog friendly chicago" is helpful, but beware that the information may be outdated.
As for hotels, I recommend the Palmer House or the Hotel Monaco (both are in the Loop). Be sure to cash-in your Krugerrands before you go. Again, beware . . . most dog-friendly hotels only allow small dogs. Call to verify.
I suppose because small dogs are easier to control and would only cause small damage! Such a fallacy! They haven't met my Golden Retriever, or his predecessor -- both the gentlest, most polite, and best behaved dogs in the world. Neither of those huge animals ever harmed my house as much as one small, disobedient Schnauzer did in his lifetime!
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