Woman Who Slipped on Dog Feces in Lawsuit

AP / Aberdeen American News ^ | March 7, 2003 | JOE BIESK

[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."

[HairOfTheDog]

Mine have not done that (yet) But they have had to go on the way in, I always give them the chance first! Something about riding in the car gets things 'moving'.

My dog was a submissive pee-er when she was young. Just very nervous all the time. So I took here there to help her get that kind of experience and exposure. I just asked for a towel when I walked in (heh). They have bleach solution towels for just that kind of thing. And the dog-people there 'got it' and helped me by soothing her, and now she is a very confident dog. I no longer have to ask for the towel.

[HairOfTheDog]

I think if she broke her ankle, and had any real disability from it, they would have said so in the article. The fact that she was described as just having 'hurt' it sounded alarms with me.

[DaughterOfAnIwoJimaVet]

I have never seen anyone there who would react the way you did.

Neither have I. In my experience, it's great for everyone - my dog absolutely LOVES it, and people are delighted to see him there. (He's a handsome boy. : )

It would be a drag if lawsuits ended up causing the chain to change its policy.

[Iwo Jima]

And a group of reasonable people called jurors may well determine that. This case could and should have been the subject of a one day jury trial. The courts do no one a favor when an imperial judge tries to circumvent the right to a jury trial, costing the litigants and the taxpayers the expense and time necessary for an appeal and THEN a jury trial.

[Xenalyte]

Actually, a reasonable pet owner would make sure the dog in question relieves himself outside the store before entry. The Dread Boston Salty and I stay outside for several minutes sometimes, to make sure he's empty.

[sphinx]

I tripped on a curb last week. My knee still hurts. But it was just a bump in the road of life.

A couple of years ago I stepped off the sidewalk curb onto the parking lot at the local Safeway. Hit a patch of black ice and slipped. I was gratified the 'ol football reflexes were still there lo these many years later, and I instinctively lowered my shoulder and rolled into the fall. Groceries flew and I went head over heels, then rolled back to my feet.

Had I had the sense to stay down, I could probably be eating free food for life. Three employees had reached me within seconds, and I think they were astonished I didn't call for a lawyer.

[csvset]

The Suspect

..she could not say how fresh it was..

Pet Smart's atty: "Ms. Jenkins, can you tell us how fresh this dog poop was"?

[amused]

I think if she broke her ankle, and had any real disability from it, they would have said so in the article. The fact that she was described as just having 'hurt' it sounded alarms with me

Oh I agree with you that this sounds fishy. But hurt ankles on older women (or men for that matter) can be alot worse than a twisted ankle of a younger person.

[BSunday]

"She told the court that on April 23, 1999, she was shopping at the store, and was not looking where she was going"

[tracer]

Johnnie Cochrane defending Petsmart: "If she saw the $#!t, you must acquit."

He also could create reasonable doubt by demanding proof that the offending turd indeed was of canine origin: "They must prove the log came from a dog. They must prove that the feces came from that species."

If the plaintiff prevails, American jurisprudence will long note the "crap of luxury".....

[afraidfortherepublic]

A little off the subject, but my husband just returned from a trad show in Chicago. He was staying in a lovely Michigan Ave. Hotel and spotted an elegant lady in the lobby, swathed in fur from head to toe, and walking her Highland Terrier on a leash.

Surprised, he asked the porter if dogs were allowed to stay in the hotel (thinking that we might bring our Golden Retriever down for the weekend) and the porter replied, "They are, if you own the hotel!"

:~)

[HairOfTheDog]

and I think they were astonished I didn't call for a lawyer.

Shocked and amazed, they were! - Congratulations!

[afraidfortherepublic]

But hurt ankles on older women (or men for that matter) can be alot worse than a twisted ankle of a younger person.

In December I tripped over the cement parking block while brushing snow off my car after work and cracked my ankle on it. It hurt so bad that I screamed all the way home. My doctor assured me that it would hurt for a year. I think I'll sue my husband for maintaining a dangerous parking lot! Oh, this is a community property state, you say? Oh, well, fuggeddaboutit.

[HairOfTheDog]

True enough, if she was fragile and was really hurt... The amount of her bills and actual out-of-pocket would not be something Petsmart would likely fight about. Lawsuit-happy people with trumped up damages have made me suspicious.

[HairOfTheDog]

LOL! - Very creative crap!

[SquirrelKing]

"...sophisticated testing..."

DOODY! DOODY!

[HairOfTheDog]

"They are, if you own the hotel!"

Ahhh.... the rich live better, do they not?

I have taken my dogs to a lot of hotels... I am surprised, but many 'nice' hotels do allow them!

[GovernmentShrinker]

It's a pet supplies store, for crying out loud! They sell items like beds, crates, coats, collars, muzzles, etc. for which trying on for size matters. They also have a bulk treats bar, from which customers can give samples to the dog, to see which treats the dog really likes before buying a bagful. And they offer obedience classes and vaccination clinics, and have a pet adoption section in cooperation with a local shelter. This is not a reasonable place to declare an animal-free zone. People who don't want to encounter animals and the stuff that goes along with animals shouldn't go in.

[amused]

I think I'll sue my husband for maintaining a dangerous parking lot!

That's sure to make for a happy home ;-)

[GovernmentShrinker]

Very true. This lady could have brought the stuff in a plastic baggy in her purse, dropped it when no one was looking, and then staged her fall. There are enough documented cases of people doing stuff like this that it wouldn't surprise me. Methinks she'll lose