Collarspace Discussion Forums


Home  Login  Search 

RE: Man sues, claims he fell after stepping in feces


View related threads: (in this forum | in all forums)

Logged in as: Guest
 
All Forums >> [Community Discussions] >> Dungeon of Political and Religious Discussion >> RE: Man sues, claims he fell after stepping in feces Page: <<   < prev  1 [2] 3   next >   >>
Login
Message << Older Topic   Newer Topic >>
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 9:30:07 AM   
kittinSol


Posts: 16926
Status: offline
Dogs should be banned in public places, except for guide dogs. Dogs are stinky, and licky, and they try to smell your muff when you're on. Bleurgh.

_____________________________



(in reply to jlf1961)
Profile   Post #: 21
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 9:50:13 AM   
LadyEllen


Posts: 10931
Joined: 6/30/2006
From: Stourport-England
Status: offline
Thats interesting Eyesopened - so the store expected that pets would poo on the premises, which they can hardly deny having made such adequate provision for such an eventuality. In that case it would seem they ought reasonably to have foreseen that this should cause dangerous conditions and ought to have provided for the safety of shoppers. Regardless of whether they may pass on the responsibility for clearing up to pet owners, they retain the duty to maintain the place free of foreseeable dangers and cannot readily deny primary liability for negligence in that respect in this instance.

On the other hand the claimant ought reasonably to have known that pet poo in the aisles might be a possibility - but then on the strength of the notices alerting him to that possibility (the clean up stations) he ought reasonably to have believed that pet poo should be cleaned up such that he did not have to keep a look out.

Over here one might launch a suit against the store with a view to obliging the store to reveal the identity of the customer whose pet did the deed and which they failed to clear up. I expect that the claimant will win the case, but who shall end up paying is another matter - the store will presumably have the means to settle the suit but the customer may not.

E

_____________________________

In a test against the leading brand, 9 out of 10 participants couldnt tell the difference. Dumbasses.

(in reply to eyesopened)
Profile   Post #: 22
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 9:57:03 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: LadyEllen

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

E


Actually you can, based on the owner's negligence, or in this case the negligence of the company.

(in reply to LadyEllen)
Profile   Post #: 23
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:06:40 AM   
blueeyedbbwsub


Posts: 435
Joined: 12/9/2009
Status: offline
The lawyers are always the big winners when these lawsuits are brought. It's a sad reflection on today's society that silly cases even make it to the courts. I know the court system isn't perfect. There's no such thing as perfect. But really, people need to own up to their mistakes and accept responsibility.

_____________________________

fuzzballed goondorker

(in reply to eyesopened)
Profile   Post #: 24
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:15:49 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: blueeyedbbwsub

The lawyers are always the big winners when these lawsuits are brought. It's a sad reflection on today's society that silly cases even make it to the courts. I know the court system isn't perfect. There's no such thing as perfect. But really, people need to own up to their mistakes and accept responsibility.


Except that the question is whose mistake it was.

(in reply to blueeyedbbwsub)
Profile   Post #: 25
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:26:35 AM   
Kirata


Posts: 15477
Joined: 2/11/2006
From: USA
Status: offline

quote:

ORIGINAL: rulemylife

Except that the question is whose mistake it was.

Yeah really. Some might suggest that folks watch where they're walking. Some might fault the store. But I think the fault would lie with the owner of the animal that crapped in the aisle if they didn't report it to someone immediately. If they did, and if the store failed to clean it up promptly, then we back up a notch.

K.

(in reply to rulemylife)
Profile   Post #: 26
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:32:17 AM   
blueeyedbbwsub


Posts: 435
Joined: 12/9/2009
Status: offline
The pet owner who didn't clean up after his/her pet and the one who wasn't looking where he was going. This isn't to say that the store didn't also play a part in this, it's not an easy call. I've worked retail and seen some really silly-ass moments by both staff and customers. I often shopped at petsmart when I owned my cat and even though I have my dizzy broad moments, looking where I was walking was more in the forefront of my thinking when i went there. Especially if I noticed someone with their pet. Pets don't really have control when they "feel the need", it's up to the pet owner to make sure that doggy/kitty/whatever isn't left in a holding pattern.

There's shared blame and the store will have to pay for two customers missteps. This is nothing but my own opinion and I personally find that many people think this is a way to easy street. It's cynical, I know, but I've seen entirely too much crap by dingdongs who just didn't have a clue.

_____________________________

fuzzballed goondorker

(in reply to rulemylife)
Profile   Post #: 27
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:36:26 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: LadyEllen

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


There would be no contributory negligence, it was the company's responsibility to provide a safe environment.




< Message edited by rulemylife -- 4/2/2010 10:43:01 AM >

(in reply to LadyEllen)
Profile   Post #: 28
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:49:26 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: blueeyedbbwsub

The pet owner who didn't clean up after his/her pet and the one who wasn't looking where he was going. This isn't to say that the store didn't also play a part in this, it's not an easy call.


Yes, it is an easy call.

The store established the policy that allowed pets to be brought into the store.

The store, after establishing that policy, needed to establish further guidelines for their staff to be wary of the hazards involved and take steps to make sure their customers were protected.

(in reply to blueeyedbbwsub)
Profile   Post #: 29
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:54:57 AM   
Kirata


Posts: 15477
Joined: 2/11/2006
From: USA
Status: offline
~ FR ~

Everybody knows that human beings working in pet shops are gifted with omniscience. The lazy fuckers were obviously negligent.

K.


< Message edited by Kirata -- 4/2/2010 10:55:14 AM >

(in reply to rulemylife)
Profile   Post #: 30
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:55:39 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: Kirata


quote:

ORIGINAL: rulemylife

Except that the question is whose mistake it was.

Yeah really. Some might suggest that folks watch where they're walking. Some might fault the store. But I think the fault would lie with the owner of the animal that crapped in the aisle if they didn't report it to someone immediately. If they did, and if the store failed to clean it up promptly, then we back up a notch.

K.



That would make too much sense, liability issues rarely do.

I score this one for the plaintiff.



Judge Judy

(in reply to Kirata)
Profile   Post #: 31
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 10:57:38 AM   
Kirata


Posts: 15477
Joined: 2/11/2006
From: USA
Status: offline

quote:

ORIGINAL: rulemylife

That would make too much sense, liability issues rarely do.

Yeah true, sorry... it just seems they should.

K.

(in reply to rulemylife)
Profile   Post #: 32
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:00:01 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: Kirata

~ FR ~

Everybody knows that human beings working in pet shops are gifted with omniscience. The lazy fuckers were obviously negligent.

K.



Doesn't matter.

It comes down to the store's policy.

If that is what they chose then yes they needed to train their employees to react to such situations promptly.

(in reply to Kirata)
Profile   Post #: 33
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:06:24 AM   
Kirata


Posts: 15477
Joined: 2/11/2006
From: USA
Status: offline

quote:

ORIGINAL: rulemylife

If that is what they chose then yes they needed to train their employees to react to such situations promptly.

Even when there is no way (short of omniscience) that they could "promptly" know about it? Under currently law, it is apparently a mistake to formulate policy on the expectation that customers can be reasonably relied upon to behave like human beings.

K.

(in reply to rulemylife)
Profile   Post #: 34
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:07:22 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: Kirata


quote:

ORIGINAL: rulemylife

That would make too much sense, liability issues rarely do.

Yeah true, sorry... it just seems they should.

K.



Well, you and Lady E do have a point about contributory negligence.

I just don't see it here.

Negligence implies a failure of duty.  I don't think any court would see a customer's duty as watching out for dog crap on the floor.

(in reply to Kirata)
Profile   Post #: 35
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:09:33 AM   
Kirata


Posts: 15477
Joined: 2/11/2006
From: USA
Status: offline

quote:

ORIGINAL: rulemylife

I don't think any court would see a customer's duty as watching out for dog crap on the floor.

Well no, but I do think it might be seen as a customer's duty to make the store aware of an unsafe condition caused by their animal.

~shrug~

K.


< Message edited by Kirata -- 4/2/2010 11:10:31 AM >

(in reply to rulemylife)
Profile   Post #: 36
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:23:23 AM   
LadyEllen


Posts: 10931
Joined: 6/30/2006
From: Stourport-England
Status: offline
I thought I'd argued that contributory negligence is of little benefit to the store in this, and said why?

E

_____________________________

In a test against the leading brand, 9 out of 10 participants couldnt tell the difference. Dumbasses.

(in reply to Kirata)
Profile   Post #: 37
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:31:05 AM   
JonnieBoy


Posts: 1468
Joined: 4/22/2009
From: Cymru
Status: offline
Soon it will come to "Man sues McDonalds for not serving him in vehicle lane after staff try to feed him bullshit"

(not made up ... happened in FL ... they got signs coming out of their arses for all manner of litigious pre-emptions ... I'm not talking bollox ... they have one missing ... and you get cheap burgers if you know it ... ... while it lasts only I guess though)

Of course "free McDonchems food" ... is basically the US equivalent of eating shit. (I can now testify, one bite was enough)

I could stick one on them for "mental cruelty" at least ... shurely ?

Pirate

(in reply to jlf1961)
Profile   Post #: 38
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 11:40:19 AM   
cpK69


Posts: 1593
Joined: 5/9/2008
Status: offline
~fr~

I think if the plantif wins, then he should be fitted for a bubblewrap suit, which he should wear at all times; for his own safety.

Come to think of it, perhaps that should happen anyway.

Kim

_____________________________

Humility is where weakness and strength meet and humanity begins.

one voice

(in reply to JonnieBoy)
Profile   Post #: 39
RE: Man sues, claims he fell after stepping in feces - 4/2/2010 12:07:52 PM   
JonnieBoy


Posts: 1468
Joined: 4/22/2009
From: Cymru
Status: offline
Plastic suits restrict the flow of "special sauce" ... for which McUnionDonCarboed are entirely responsible.

This could rapidly get diverted down a "daftest thing anyone ever sued over" type thing ... the current title, of course, held by Gillian Taylforth (whether she sued or not ... she was stipud and disrespectful to deny it)

Pirate

(in reply to cpK69)
Profile   Post #: 40
Page:   <<   < prev  1 [2] 3   next >   >>
All Forums >> [Community Discussions] >> Dungeon of Political and Religious Discussion >> RE: Man sues, claims he fell after stepping in feces Page: <<   < prev  1 [2] 3   next >   >>
Jump to:





New Messages No New Messages
Hot Topic w/ New Messages Hot Topic w/o New Messages
Locked w/ New Messages Locked w/o New Messages
 Post New Thread
 Reply to Message
 Post New Poll
 Submit Vote
 Delete My Own Post
 Delete My Own Thread
 Rate Posts




Collarchat.com © 2025
Terms of Service Privacy Policy Spam Policy

0.094