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Woman Who Slipped on Dog Feces in Lawsuit
AP / Aberdeen American News ^
| March 7, 2003
| JOE BIESK
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."
TOPICS: Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: dog; feces; lawsuit; petsmart; slip
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To: formercalifornian
Crap!
To: formercalifornian
That stinks!
I go to PetsMart all the time for dogchow. She knows there are dogs going in there. It's easier to spot the piles there than in the yard. Although I've never seen any piles at PetsMart.
To: formercalifornian
You think the nitwit would have smelled it - as soon as I turn into an aisle at Petsmart I can tell if someone's dog has cut loose.
4
posted on
03/07/2003 9:56:14 AM PST
by
dirtboy
(The Pentagon thinks they can create TIA when they can't even keep track of their own contractors)
To: formercalifornian
Petsmart argued that because Jenkins acknowledged the feces was out in the open and she could not say how fresh it wasPetsmart clerk Carl did some sophisticated testing on the alleged feces and determined it to be a Baby Ruth Candy Bar. Jenkins actually slipped and fell while fainting after Carl tasted the alleged droppings.
5
posted on
03/07/2003 9:56:22 AM PST
by
amused
(Republicans for Sharpton!)
To: formercalifornian
That's going to be one interesting law suit. Who will crack first, the prosecution or the defense and use the anglo-saxon term for feces? "I deserve a million bucks because I stepped in some dog **** and my ankle got hurt."
6
posted on
03/07/2003 9:56:36 AM PST
by
xJones
To: formercalifornian
The entire Commonwealth slipped on dog feces when it elected Paul Patton as Governor. Too bad someone can't sue him for letting thugs out of prison early, so that the State can spend all that money on recapturing and retrying them again for their new crimes, all in an effort to...save money...D'OH!!
7
posted on
03/07/2003 9:57:11 AM PST
by
LRS
To: formercalifornian
She should be happy it wasn't a cowpie.
8
posted on
03/07/2003 9:57:41 AM PST
by
csvset
To: formercalifornian
You know... I bet Petsmart would admit to liability if the 'damages' didn't always end up so bloated in these things. She "hurt" her ankle in a fall. How bad did she really 'hurt' it? - Was she really functionally disabled by the experience? - or did she feel a bit sore and limp for a few days? Is she seeking thousands for pain and suffering? - Or is she seeking the deductible for her insurance (which she should have anyway) so she could go to the doctor and get the ankle wrapped?
I tripped on a curb last week. My knee still hurts. But it was just a bump in the road of life.
To: formercalifornian
I've seen the commercials that show dogs "shopping" with their owners, which I think is totally riduculous. I wouldn't shop in a place that allowed shoppers to bring their pets. The last thing I need while standing in the checkout is some dog sticking his nose in my crotch, let alone having to be on the lookout for "dog-doo" while shopping. I think Petsmart is stupid for exposing themselves to this type of liability. What happens if someone's dog bites or attacks another shopper?
To: HairOfTheDog
My dog loves to shop at Petsmart - and yes, on two occasions (to my embarrassment), he has mistaken the tile floor for his back yard.
I wonder if it would make a difference to the Court if you slip on your own dog's waste.
Hmmmmm...
To: TroutStalker
I go to PetsMart all the time for dogchow. They have a really good store brand called Authority - no byproducts and cheaper than Science Diet and Nutro.
12
posted on
03/07/2003 10:00:10 AM PST
by
dirtboy
(The Pentagon thinks they can create TIA when they can't even keep track of their own contractors)
To: formercalifornian
Tawana Brawley is gonna be green with envy!
13
posted on
03/07/2003 10:00:13 AM PST
by
Revolting cat!
(Someone left the cake out in the rain I dont think that I can take it coz it took so long to bake it)
To: formercalifornian
No, we couldn't possibly hold the owner of the cherished pet responsible, could we? It has to be the deepest pockets. A reasonable person would say that the store lets people bring their pets in with them. A reasonable person would also have to say that pets are likely to releive themselves in said store. A reasonable person would then conclude that it pays to keep an eye out where one walks.
14
posted on
03/07/2003 10:00:42 AM PST
by
IYAS9YAS
(Go Fast, Turn Left!)
To: formercalifornian
but it begs the question...will she come out smelling like a rose?
Red
To: formercalifornian
This lawsuit is full of sh!t.
16
posted on
03/07/2003 10:01:39 AM PST
by
Constitution Day
(No, I will not "get over it".)
To: LRS
YOU GOT THAT RIGHT...8)
17
posted on
03/07/2003 10:02:09 AM PST
by
skinkinthegrass
(Just be because your paranoid,doesn't mean they aren't out to get you. :)
To: OldBlondBabe
Oh I think it is great. My dogs love the trip to Petsmart. It is fun to be able to take them in, and a good place to train them on how to behave in public. (Particularly for a young dog) The other shoppers never fail to look and stop and pet the dogs, it is part of the experience of being there. I have never seen anyone there who would react the way you did.
To: formercalifornian
"Look out for No. 1, but make sure you don't step in No. 2!"
-- Rodney Dangerfield
19
posted on
03/07/2003 10:02:20 AM PST
by
quark
To: HairOfTheDog
You know... I bet Petsmart would admit to liability if the 'damages' didn't always end up so bloated in these things. She "hurt" her ankle in a fall. How bad did she really 'hurt' it? - Was she really functionally disabled by the experience? - or did she feel a bit sore and limp for a few days? Is she seeking thousands for pain and suffering? - Or is she seeking the deductible for her insurance (which she should have anyway) so she could go to the doctor and get the ankle wrapped? I tripped on a curb last week. My knee still hurts. But it was just a bump in the road of life
It would depend how old she is. My aunt broke her ankle and took a few months to recover to full functionality. My mother broke her foot in a freak biking accident and took over 6 months to recover. So it would depend on how bad the injury is and her age and physical health.
All that said I agree that these liability suits are more about punishment rather than compensation. Therefore the awards tend to be grossly disproportionate to the actual offense.
20
posted on
03/07/2003 10:04:26 AM PST
by
amused
(Republicans for Sharpton!)
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