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."

[amused]

Lawsuit-happy people with trumped up damages have made me suspicious.

Agreed. This type of lawsuit are akin to middle of the road professional athletes getting contracts far out of whack from their value. Real lawsuits, where real damages have occured are undermined in the long run because this type of suit pushes calls for tort reform. Well if the judge and jury were doing there job in the first place than tort reform would not be as necessary.

[1rudeboy]

Funny. There are a number of dog-friendly hotels and bars in Chicago . . . in case you didn't know that already.

[amused]

Excellent! I still don't know how to post pics here.

[HairOfTheDog]

Yes, we do have to do something with tort reform. We have to get back to the time when an accident didn't have people immediately wondering how much money they will 'get' for it. It should not be the first thing they think of while they are still brushing themselves off. There has to be an attempt to go on with life first, and lawsuits to settle real impediments to doing that, and then only in cases where people really deliberately caused it. Lots of times, there just isn't a real villain in an accident, bad things sometimes just happen, the world is a risky and unsafe place, and we need to come back to terms with that.

[SquirrelKing]

It's Easy! Go... here.

[Sacajaweau]

This is an insurance case, not a law csse.

[amused]

Yes, we do have to do something with tort reform. We have to get back to the time when an accident didn't have people immediately wondering how much money they will 'get' for it. It should not be the first thing they think of while they are still brushing themselves off. There has to be an attempt to go on with life first, and lawsuits to settle real impediments to doing that, and then only in cases where people really deliberately caused it. Lots of times, there just isn't a real villain in an accident, bad things sometimes just happen, the world is a risky and unsafe place, and we need to come back to terms with that.

Exactly a return to basic common sense.

[amused]

This is an insurance case, not a law csse.

True...we got a little of subject.

[amused]

Thank you.

[HairOfTheDog]

Ping.

This story is crap!

[HairOfTheDog]

True...we got a little of subject.

As I am liable to do.... ;~D

[cruiserman]

It was just a matter of time before Petsmart got sued over animals in the store. They should also get sued over their terrible customer service :).

[Rebelbase]

Some people live their lives in fear. Others stop and smell the roses and dog doo.

[TexasRepublic]

Does anybody remember the skit by Cheech and Chong, walking through the Arctic and encountering a pile of dog sh!t? They touch it, feel it, even taste it. The punchline? "Good thing we didn't step in it."

[amused]

As I am liable to do.... ;~D

[chuckle] My friends call me the king of the irrelevant tangent.

I don't have a train of thought..more like a balloon. I follow where the wind takes me sometimes.

[crazykatz]

bump

[Sloth]

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.

In more than 300 visits? If that's true, it sounds to me like they are remarkably vigilant about keeping it clean.

[DaughterOfAnIwoJimaVet]

I just stayed in a fabulous five-star lodge for a couple of days last week - had a FANTASTIC time there - and had my dog with me.

Cool thing about this place: The hotel itself adopted a dog from a local animal shelter, and he lives at there. They likely rescued him from being euthanized, and now he spends all day being pampered and walked by the people who work the front desk, and accepting pets and kisses from the adoring guests. All in a five-star hotel! What a life!

[afraidfortherepublic]

...just stayed in a fabulous five-star lodge for a couple of days last week - had a FANTASTIC time there - and had my dog with me.

And where was that, may I ask?

[afraidfortherepublic]

There are a number of dog-friendly hotels and bars in Chicago . . . in case you didn't know that already.

No, I don't know the names of any of those, but I'd like to -- if you will share.

I've stayed in a hotel with my dog before, but it was during a move and it was only a few days. Wisconsin is not too friendly about dogs -- they cannot be in a place where food is served, or so I'm told. We had a catered lunch at a Dog Rescue society function I attended in December, and all the dogs had to go sit in the cars when lunch was served. And it was COLD outside!