Who is Responsible for Cleaning Up After Your Pet?
Author: Attorney Dennis Schaefer
Our client is a young adult who entered a PetSmart on or about October 4, 2011. She had gone to the store to buy supplies. She had her dog on a leash as she walked through the store. She turned at the end of an aisle, and began to turn to walk down the next aisle when she slipped and fell in a pool of urine. It is not a fact in controversy that the urine was on the ground. The only point in controversy is who was responsible for cleaning the urine, to make the walkway safe.
The store contends that it was the responsibility of the dog owner to clean up the urine of their dog. Conveniently for the store, the responsible dog owner and “dog” is unknown. The store contends that without prior notice of the wet floor they are not a fault. In fact, they point out the numerous “oops” stations around the store that make it easy for the “pet parent” to clean up after a pet mistake. Therefore, they do not think liability is theirs.
Clearly, when a store encourages activity in store that will logically and reasonably created potential danger to other patrons of the store, the store needs to put into effect safety rules they would not normally have to do. There exists no evidence other than the “oops stations” that the store did anything more than any other store to provide the public a safe place to shop. Certainly, based upon the stores decision to allow pets into the store the likelihood of additional dangerous conditions is extremely high. The store should be required to do more to protect the public.
The argument that additional safety measures must be provided because of the increased danger the store brought upon its customers was advanced in attempts to settle this case. The store to date has now agreed to take on some liability. Dell & Schaefer will continue to work to get the store to take on 100 percent of the liability. It is our position that the store created the platform for this accident to happen, and they should be held liable.
