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Man sues, claims he fell after stepping in feces - 4/1/2010 4:51:43 PM

jlf1961

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quote:

Man sues, claims he fell after stepping in feces

NORFOLK, Va. – A Poquoson man who said he fell after stepping in dog feces at a PetSmart store has filed a $1 million negligence lawsuit against the company. Robert Holloway alleges in his lawsuit in U.S. District Court that he badly injured his back, struck his head and knocked out four teeth when he slipped in January 2009 at a Newport News PetSmart. He alleges that PetSmart and its manager should have protected him from a hazardous condition created when they allowed animals to defecate on the floor.

In court documents, Phoenix-based PetSmart denied the negligence allegations.

Sounds like the political climate in the United States.

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 5:20:09 PM

Vendaval

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"Don't shit where you eat".

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 5:20:46 PM

cpK69

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Oh, shitty...

...note to self; if ever in PetSmart, watch where one steps.

Kim

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 7:57:57 PM

thornhappy

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Guess we'll have to give up the tradition of leaving the burning bag of shit on the doorstep!

* my dad & his buddies would do that on Halloween and laugh hysterically...until one guy brought out his shotgun! *

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 8:04:26 PM

DarkSteven

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Scat - hard limit.

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 8:31:41 PM

Marini

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I am curious, what does this topic have to do with Politics and Religion?

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 9:16:03 PM

jlf1961

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quote:

ORIGINAL: Marini

I am curious, what does this topic have to do with Politics and Religion?

I said in the op, it sounds like the political situation in the US, everyone in washington has stepped in the shit.

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Boy, it sure would be nice if we had some grenades, don't you think?

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 9:25:25 PM

slvemike4u

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Tell you what I'm calling my lawyers in the morning and informing them that we need to ask for more.....a whole lot more.
One million for slipping in shit.....my wore site accident just got a hell of a lot more expensive for that construction co.

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 9:27:53 PM

Termyn8or

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"what does this topic have to do with Politics and Religion?"

Well, a lawsuit is based on law, law is made by politicians. (or so they think)

Enough on that. As much as I hate to stick up for the big guy in this matter, if this happened outside and he wins it sets a precedent. We are getting to the point now where you don't have to watch where you walk ? You obviously don't have to watch where you drive motor homes, as one Darwin candidate got a check for setting the cruise control and walked in the back leaving it to drive itself. Buy a new motor home and see the new notice about cruise control. But when you can get a million bucks for spilling coffee what did you expect next ? If it keeps up eventually I could sue somebody if I mistakenly put my shoes on the wrong feet.

It is not that ridiculous over in the "civilized" world. I guess people with less than half a brain there are accounted for somehow, here we give them a voter registration card and probably a crayon. Possibly a high paying job to boot, the government is really good at that.

Yes, tort law needs much reform, but not anything any politician could think up.

T

[edit]

Oops, it was the floor. So when you are in the store you don't have to watch where you are walking ? What if there was a step ? Or a staircase ? Notice they don't put many escalators in places now, the exception would be malls. Will that be the next legal forefront ?

T

< Message edited by Termyn8or -- 4/1/2010 9:31:39 PM >

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RE: Man sues, claims he fell after stepping in feces - 4/1/2010 9:37:31 PM

Marini

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quote:

ORIGINAL: jlf1961

quote:

ORIGINAL: Marini

I am curious, what does this topic have to do with Politics and Religion?

I said in the op, it sounds like the political situation in the US, everyone in washington has stepped in the shit.

lol, great point!
some have stepped in it, other's are rolling in it, and most are great at talking it.

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:02:42 AM

LadyEllen

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The lawsuit will clearly fail. You cannot claim negligence for an act of dog.

E

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:09:15 AM

tazzygirl

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Maybe you can, LadyE. Would this not fall under the notion of reasonable expectation... having the expectation that the floors would be clean and clear for business?

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:21:42 AM

LadyEllen

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Oh Tazzy! It was a joke! Act of Dog instead of Act of God?

The tests (here anyway) would be whether it was reasonably foreseeable that animals would defecate in the store or wherever it occurred - that injury might occur (by slipping and falling presumably) is reasonably foreseeable I would say, and whether the store encouraged or allowed pets to shit where they liked or forbade it, and how much action the store took to deal with the matter - if someone was already en route with mop and bucket and the accident occurred or whether the turd had sat there for an unreasonably long time.

If the store forbade animals to do as they liked then it raises the question of how responsible (or negligent) the store can be for the actions of another (the pet, its human), (notwithstanding a general duty of care to all customers by providing a safe venue and experience), and here at least one could launch a lawsuit against the unknown owner of the animal by suing the store in the first instance, obliging them to disclose the identity of the owner for the suit to continue against him/her.

E

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:22:09 AM

Moonhead

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Or even expecting that somebody would take their dog out for a shit?

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:32:02 AM

pahunkboy

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well none of these places have rest rooms.

so people more less have to make do.

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:33:19 AM

tazzygirl

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I got the Act of Dog joke. But the injuries didnt seem laughable. Not to mention his humiliation upon finding out why he fell.

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 5:34:30 AM

pahunkboy

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and yet not one dog fell and sued.

they have 2x as many legs!!!

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 6:26:59 AM

LadyEllen

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A good point, if perhaps unwittingly made Pa.

The court should also look at the level of contributory negligence on the part of the claimant. He clearly wasnt looking where he was going but the question really is whether he could reasonably have foreseen that he might step in faeces, which comes back to the question of whether the store allowed or encouraged animals to go where they liked or forbade it.

If the store allowed or encouraged it then the claimant might have reasonably expected to find faeces on the floor and might be reasonably expected to take special care to avoid it. If the store forbade it then it would be reasonable for the claimant not to be expected to be on the look out and to take special care - and given the general duty on the store to provide a safe venue and experience it is far more likely that the latter applies and it would be unreasonable to expect to step in faeces, or indeed come to any other harm from merely perusing the store, and to be expected to take any special care. In that case the store has little defence by way of contributory negligence unless the claimant was warned beforehand of the danger in that particular area, verbally or by way of "slip hazard" signs being put in place.

E

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 6:52:28 AM

blueeyedbbwsub

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His injuries are in fact no laughing matter. However, that being said, he walked into a pet store where they allow the customers to come in with their PETS. Most responsible pet owners would not have let their pooches crap and not pick it up (that's what doggy bags are for, not the restaurant kind)

. Most if not all pets in the store have the wherewithal not to "step in it", as it were. People are a whole nuther ball game.

This has become a society of sue-happy people for the most ridiculous reasons. Like the beings from the alternate universe who get a cup of hot coffee, burn themselves and then sue because no one told them it was going to be HOT.

Common sense has gone out the window to be replaced with foolishness by the clueless.

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RE: Man sues, claims he fell after stepping in feces - 4/2/2010 9:28:10 AM

eyesopened

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My son worked at PetSmart when he was in school. The store clearly states at the entrance that not only are pets allowed, but actually encouraged to be in the store with their "pet parents" especially during very hot weather. In the parking lot and in several locations in the store there are "Oops Stations" that are kept stocked with paper towels, platic bags and plastic gloves, spray cleaner and waste receptical. A "pet parent" is expected to clean up after their own pet. The Oops Stations also clearly states that it is the pet owner's responsibility.

So the guy probably won't win the lawsuit. He really should sue the pet owner who did not pick up his/her own pet's poo. But regardless of win or lose, PetSmart now has the burden of paying for legal services to defend themselves. I'm guessing that this means higher prices for cat toys in the future. The only ones who will actually benefit from this are the lawyers.

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