Posted on 04/02/2010 6:33:27 AM PDT by KeyLargo
Peninsula man sues pet shop after slipping on dog feces
NORFOLK
By Tim McGlone The Virginian-Pilot © April 1, 2010
Robert Holloway really stepped in it when he went to PetSmart to pick up some bird seed and dog food.
According to a lawsuit filed in federal court, Holloway slipped on a pile of dog feces a year ago at a Newport News PetSmart and badly hurt his back. He also struck his head, knocking out four of his false teeth, the suit says. He's suing the chain for $1 million.
PetSmart has filed an initial reply stating that the store and its manager that day were not negligent in the accident. Pet accidents are a fact of life in its stores, where leashed pets are welcome visitors, a company spokeswoman said.
Holloway, of Poquoson, went to the Jefferson Avenue PetSmart on Jan. 18, 2009. The suit says that PetSmart and the manager should have protected him from harm.
The suit says PetSmart and its employees "negligently allowed animals to enter the premises and deposit feces in such a manner as to create a dangerous and hazardous condition."
The employees either should have known there was a pile of feces on the floor, or if they did know, they should have cleaned it up before Holloway stepped in it, the suit says.
Holloway's lawyer, Michael Goodove of Norfolk, said Holloway didn't fall to the floor after stepping in it, but his body twisted violently and he smacked his head against something nearby.
He said Holloway couldn't see the feces because its color blended in with the floor.
Holloway, 69 at the time, had to have back surgery as a result, though Goodove acknowledged that his client did have a pre-existing back problem. This incident worsened it, he said.
"That's the problem - you can bring your pet on the premises," Goodove said. "But that requires a higher level of diligence. You've got a duty to remove dangerous substances."
Holloway could not be reached for comment Wednesday.
PetSmart spokeswoman Jessica White said the company doesn't comment on litigation.
However, speaking generally, White said employees are trained to clean up messes and customers are encouraged to clean up after their pets. Every store has "oops" stations, clearly marked, with clean-up supplies.
"They're animals. There's always going to be accidents," she said from Phoenix, where the company is based.
The suit was initially filed in Norfolk Circuit Court, but PetSmart had it transferred to U.S. District Court here, where it has had success in defeating such cases.
U.S. District Judge Jerome B. Friedman dismissed a similar suit in 2008 filed by a woman who slipped and fell in dog urine at the same Newport News store, injuring her knee. The judge ruled that the woman failed to show that any store employee knew there was urine on the floor.
PetSmart is the largest pet specialty retailer in the country, with about 1,150 stores, 46,000 employees and $5 billion in annual sales.
The company's annual reports say it is a frequent target of personal injury litigation, but the costs of such suits were not released.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
Holloway v. Petsmart, Inc. et al Filed: March 26, 2010 2:2010cv00132 Updated: April 2, 2010 01:35:23 Plaintiff: Robert Holloway Defendants: Greg Davis and Petsmart, Inc. Presiding Judge: District Judge Henry C. Morgan Jr. Referring Judges: Tommy E. Miller and Magistrate Judge Tommy E. Miller Cause Of Action: Notice of Removal-Personal Injury Court: Virginia > Eastern District Court Type: Torts - Injury > P.I.: Other
I don’t think so, but I know several who should at the very least have to go back through Driver’s Education. And that’s not counting those driving on suspended/revoked licenses. Defensive driving works wonders. Always assume the other drivers don’t know what they’re doing and be ready to react.
I own a dog and I have gone to PetSmart. Nevertheless, I don’t appreciate turning a corner to walk down an aisle and find myself confronted by a huge Akita.
But, you are right in that I have the option not to shop at PetSmart, and I’ve pretty much done that. I give my business to a store that doesn’t have these “surprises” (dogs and feces) in it.
On the flip side, the Banfield pet hosptials inside PetSamrt kinda suck. They use poorly paid and trained folks who seem to not have an affinity for animals. My cats always come back traumatized and scared, as if they had been anally raped or somthin'.
Stores should remove their shelves and place all their wares on the floor so patrons can’t scam them, huh.
Article said the poop was same color as floor tile, so I have to assume it was a dark floor tile and not white poop.
Injuring his back and knocking out his teeth doesn’t sound frivolous to me.
Yes, but according to the plaintiff PetSmart failed to excerise “doo diligence”. :)
>>>The employees either should have known there was a pile of feces on the floor, or if they did know, they should have cleaned it up before Holloway stepped in it, the suit says. <<
So, the employees were negligent for not noticing it was there, but the plaintiff who stepped in it was not?
>>>Holloway’s lawyer, Michael Goodove of Norfolk, said Holloway didn’t fall to the floor after stepping in it, but his body twisted violently and he smacked his head against something nearby. <<<
C’mon, Mr. Hollway, if you are going to pull a “slip and fall” scam, you’ve got to at least give us a fall.
>>>He said Holloway couldn’t see the feces because its color blended in with the floor. <<<
And Holloway has no other sensory organ capable of detecting a stinking pile of excrement at his feet? Plus I seriously doubt the floor color matched the feces.
>>>Holloway, 69 at the time, had to have back surgery as a result, though Goodove acknowledged that his client did have a pre-existing back problem. This incident worsened it, he said<<<
Ah, so the non-fall made the surgery necessary, not the pre-existing condition. Sure!
But whose fault was it that he slipped? He walked into a store where people are encouraged to take their pets - and he doesn’t think to watch where he walks? What did he expect? Yes, I consider this frivolous. You don’t?
“The guy makes some good points. If the floors are poop colored and they didn’t act diligently enough in a circumstance where poop lays on tile floors they were negligent”
If the same sort of accident (not dog poop)happens in an industrial plant, OSHA is all over it. Not saying the guy should be hitting the lottery but this pets in stores policy is nuts
Yah. Negligence causing injury does deserve compensation. Just because the plaintiff’s attorneys and frivilous law suits have gone out of control it doesn’t mean there are not valid law suits. I think this one caught people’s eye because it involves dog poop.
LOL!
They probably know it increases their liability. They figure they sell more pet stuff if they let people bring pets in. They also know over time that they can take a liability hit better than a smaller competitor.
I have seen off-white pet poop before!
“And Holloway has no other sensory organ capable of detecting a stinking pile of excrement at his feet?”
Oh yes, since nobody ever steps in a pile of the stuff because our noses always alert us with plenty of time to spare to avoid the mess.
I agree. Basically this is a pretty crappy lawsuit!
Funny thing is, I’ve stepped in dog feces several times in my life, but it NEVER caused be to slip, injure my back and hit my head on anything. It is not a terribly slipperly substance. In fact, it is more sticky than slippery (as anyone who has every tried to remove it from their sneaker bottom can tell you.)
This case has fraud written all over it, IMHO.
FWIW, I found several photos of Petsmart interiors on Google images, and all of the floors were light colored, nothing close to color of dog feces.
Maybe he should watch where he walks :P
Bikk
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