first off..let me start off by saying i have two "aggressive" dogs myself--two mixed breed pitbulls...

soooo...

i leave work early to go get some feeder fish for my oscar. i'm standing in line minding my business behind the lady who has a baby in one arm and a whole cart of cat stuff. this lady walks in with her big rotty (unmuzzled) and stops at the door at the engrave your dog tag machine. two seconds into the door , her dog is barking at this guy with an akita. the guy takes his dog around the other counter and walks out the door while the two dogs kinda tense up around each other. so the backup cashier comes to the front and asks to help the next customer. i hand her my two bags of fish and start walking around the counter. this cashier walks past the rotty and the dog doesn't react. the owner says something like "my dog's a big baby, he loves everybody". so i get to the counter and this 100 lb dog jumps me and bites me in the stomach! i jump back quick, and i scream out "FUCK!". the owner is like wigging out like "OMG, he's never done that before..blah blah blah" now mind you, this shit is hurting. so i'm looking at my stomach (and my torn brand new shirt) and i'm bleeding. i'm trying to be cool about this whole situation, but customers are looking and gawking and shit.the manager comes up and gives me some antibiotic wipes and gauze and says i should go to the hospital. the owner is all upset and i'm still trying to be nice about this. os we give our info to the manager and he says somebody will call in 24-48 hrs, and tells the cashier to give the fish free (all $3.80 worth). so i go to the ER and have to get a teanus shot and now i'm on horse pill antibiotics for a week. the dog had his rabies vaccination tag on.

sooo....should i sue the owner, petsmart or both for medical expenses and pain and suffering?
[Edited 8/18/07 12:08pm]

can go after PetSmart? as they are a pet store. i think it would be more the pet's owner. she didn't have control of her animal. if PetSmart is telling you someone is going to call, they may be partially responsible though. i'd ask them if they (the store and the owner's dog) are going to take care of medical expensies and maybe a little something extra for pain and suffering. if it can be amicable, that would probably be best. if not; do what you gotta do!

either way good luck. hope you feel better soon.

Egad!

CHIC0 said:

i'm thinking of going after petsmart mainly because they invite people to bring their animals in unmuzzled, but on a leash. i'm thinking that's asking for trouble. i didn't do anything to the dog or the owner and i'm buying fish, not hanging out in the dog section. it's in their establishment with no warning that you might get bitten if you're shopping in there. i don't want millions of dollars, but damn if that lady can sue mcdonald's for serving hot coffee, then i should get something for getting attacked by a dog inside of a store

Fury said:

good points! i think the one were i live has signs up, especially warning those who bring their pets in.

good luck though.

Fury said:

You should totally sue PetSmart for a lifetime supply of McDonald's coffee.

Just to fuck with their minds!

cool

wellll...good luck. Goldberg and Osborn...cash up front, assuming the guy has any assets to go after. Petsmart must have some system already in place for this situation. Probably the owner of the dog is responsible, take a look at their policy. Will you have permanent physical damage, as psychological damage is hard to prove?...etc

No wonder the canine bit you. Your headline suggests it was quite busy.

found this online:


The Personal Injury Law Forum
publisher: http://prairielaw.com

From: Ed Smith
Subject: Petsmart Dog Bite

Interested if anyone has ever had a client bit by a dogin
Petsmart. Petsmart allows people to bring their dogs in
the store. My client asked if she could pet the dog and it
severely chewed up her face including removing her
lower lip.

Owner of the dog is penniless.

I am wondering if Petsmart took any precautions before
formulating theie policy of allowing pets in their stores,
whether they sometimes have warning signs up, whether
they have been on notice of previous incidents.

I know assumption of the risk may be a hurdle to me.

Thoughts?

Ed Smith
Sacramento, CA
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Dog bite incident sparks interest
Kim Spencer, (Bio) spencer@greeleytrib.com
February 19, 2006
When Alan Conboy went to return a dead fish at PetSmart on Wednesday night, a large dog attacked him in the
entrance, biting his leg and ripping his jeans.
Conboy, 36, of Greeley saw a couple exiting the store with two dogs that looked like Weimaraners. Both dogs
were leashed, but one went after Conboy and bit his leg.
The owners of the two dogs handed Conboy $60 to replace his jeans and clean up his wound. Then they left the
scene without giving Conboy any contact information.
Online readers took issue with the owners leaving, the store's policy of allowing dogs to come in and dogs not
being muzzled.
"$60 for a dog bite? Bailing the scene after your dog bites someone is as bad as a hit and run accident, if not
worse."
Others defended the store's policy of allowing pets to accompany their owners inside and downplayed the man's
wounds.
"It was just a dog bite that wasn't serious. Fortunately, there wasn't a child involved. The persons entering
PetSmart should be aware that there is always a possibility of being bitten, and they are entering at their own
risk. What a bunch of wimps out there. Sure hope we never have a war in the U.S. These people will crawl in a
hole with fright."
In reply, however, someone points out that any bite can be a big deal.
"Animal bites can be very serious, even without worrying about rabies. Puncture wounds do not always heal
correctly. I know a couple of healthy people who lost work because of infected dog bites. Dog bites should
always be taken seriously."
Some comments recommended dogs should be muzzled if taken to the store. Readers who responded took issue
with that suggestion.
"We should not punish responsible owners and their dogs by making them use muzzles. For the few people that
are reckless with animal care, there are also many more who do take the time to socialize and train their dogs to
prevent these types of incidents."
Other comments recounted personal experiences or incidents they've heard or read about around the country.
As always, we welcome your feedback on any and all stories appearing in the Tribune.
City editor Kim Spencer writes a weekly reflection of comments posted on the Tribune Web site during the
previous week. You may reach her at 392-4467 or spencer@greeleytrib.com.
[Edited 8/17/07 21:31pm]

I know that PetSmart is all "pet lovey dovey" and all but I can't figure out why they let animals in the place to begin with. The customers seem to let their guard down when they are at these stores and start acting like they are suddenly at the grocery store with their child, multitasking instead of paying attention.


Also I've seen first hand what happens when the owner says something bout their pet being nothing but a "sweet little baby that wouldn't hurt a fly."

I'd go after the owner cause its his/hers negligence. Teach that person a lesson for walking around without muzzling a dangerous animal. Too many people forget that their pet IS an animal and can be dangerous.

in sweden I was amazed to see people taking their dogs in all shops except those with a sign out the front



dogs in the supermarket, dogs in the hardware store

Fury said:

Sue them.....take them to the cleaners.....

damn really sorry to hear this happend to you. hope it gets sorted.

and i really hate that. dog owners who say stuff like that "hes harmless he wont do anything ..hes great with my kids,etc,etc" and they usually have big dogs they dont keep in check.

Ehm... don't go after the pet store for cryin' out loud...
I hate that American "Imma sue everybody" attitude. Fuck that.
You should however, get the owner of the pet to pay for your medical bill and some extra for the pain and all.

FuNkeNsteiN said:

Kinda reminds of the stuff I heard about people suing McDonald's (in the States) for burning their tongues on their hot pie or coffee or something. Man, that's just your own damn stupidity. Nobody here in Finland would even try to sue McDonald's for stupid shit like that. Guess we expect that our citizens have at least a little bit of common sense that they don't drip coffee all over themselves and then be like "OMG I DIDN'T KNOOWWWW IT WASSS HOOOTTT!!1"
That's some stupid ass shit

if the owner doesn't offer to pay your hospital expenses then you may want to consider legal action.

i would leave petsmart alone only because you take the risk of being bitten just by entering that place.

Fury said:

DAMN! I'm sorry to hear that this happened to you. I got bit by a dog once and made the owner pay for the medical expenses incurred. It was his dog that he did not have on a leash (which is a law in the city I live in), so I figured it was his responsibility. The real kicker to this situation is the idiot whose dog bit me was the President of the condo assocation where I live. He was always preaching to people, telling them to keep their dogs on leashes at all times, it's a rule in this city, blah, blah, blah. Yet he did not do it himself.

FUCK THAT! This is exactly why I don't shop there! What the hell were they thinking? "Hey folks bring your dogs and cats..." and what- run for your life!? I've been in that store twice- cats hissin and a screamin, dogs barkin, growlin and a snappin- it's very tense in there and I hate it.


Whatever you're out of pocket the store should pick up- they have insurance, they knew way before the 1st store openned what kind of liabilty they were openning themselves up to.

Did you file your visit to the ER on your insurance? An ER visit is very expensive, you may be stuck with the entire bill if you haven't met your deductible. If you did call your company ASAP and tell them what happened- ins companys love to pass the buck! AND the manager of the store advised you to go.

Sue them both! especially the owner whether you sympathise with her or not!
This thing can't be allowed 2 happen. I'm sorry for you, but this is now your responsibility.

I've got a 10 month old child and if the dog had bit the child the damage would have been irreparable, and quite possibly fatal.

many dog owners don't have a clue how to handle their dogs, I'm a dog love myself but you can't expect them to be predictable in the way that most humans are.
This dog owner obviously doesn't respect this difference and therefore needs to be taught a lesson. Children in close vecinity of this woman and her dog will be in mortal danger until she learns how to handle dogs.

here are the problems i have with the whole situation:

1. i know it's a pet store, but if i'm buying fish, bird seed or catnip, i shouldn't have to be on guard against rottweiller attacks. there's no sign on the door warning you against surprise animal attacks.

2. even though this lady had her dog on a leash, she didn't have the leash wound tight enough around her hand that if the dog did lunge at me or anybody else, she could have controlle dthe animal.

i'm not trying to sue and get hundreds of thousands of dollars, but i do expect to be compensated for

2 hours in the ER on a friday night
a tetanus shot
a missed day of work today ($200)
a destroyed shirt
pain and suffering (because this shit is uncomfortable)
having to take an antibiotic that makes me queasy
having to stand at the front of petsmart bleeding with a ripped shirt while people are just staring at you

how much is that worth? i dunno, but somebody is damn sure gonna make me an offer






[Edited 8/18/07 12:13pm]
[Edited 8/18/07 12:14pm]

Fury said:

Are you FUCKING kidding me?!! Sue that bitch! I didn't know the bite was that bad. That just makes me mad.

Damned dude! Sorry to hear about that and best of luck. Prayfully the owner will own up (pun intended), and Petsmart,well, good luck if you pursue.



LOL at Cynthia's Socks!!!! A trip to Petsmart can be quite an adventure.
[Edited 8/18/07 14:31pm]

I would go after both the store and the dog owner.
The store shouldnt allow dogs in without a muzzle on because dogs may be friendly and "just love people and other animals" but it only take them getting around a dog, cat or person that they dont like and they snap.

The owner should have had a muzzle on the dog just as a safty precausion, because of those reasons also.

I have 3 Rottweilers and a few Dobbies, We put shock collars and muzzles on them all when they leave the house even though they are wonderful gental dogs.

We just dont want anything bad to happen.

good grief, my prayers are with you in your healing..I would pursue both, as that has already been stated..the store and the dogs owner are both responsible equally..same as if someones dog came up and bit you on private property, it is the pet owners fault..I know when I was younger, these people attempted to sue my grandmother because our neighbors dog bit her/him, on our property....I don't think we ( mamaw) ended up being liable, but it can be attempted at any rate...Best of luck to you..

In the UK it’s normally the owners responsibility you’re supposed to contact the police, dog wardens etc if an animal bites in a public place when it is no provocation the authorities are then allowed to take the animal and keep until such time they can prove it’s not a danger to the general public. I hope the shop took the witnesses names, addresses etc and contacted the authorities to say it happened on there premises. If this happened in the UK I’m not sure you could sue the shop but you would be able to sue the owners of the animal.

Get yourself some saline and clean the wound twice daily if possible some antibiotics cream. Anyone could place a tag on an animal stating it was vaccinated etc I would get blood tests done to be on the safe side. I hope you feel much better soon.

hell ya you need to sue and you will win. I don't know if you can sue the store but definately the dog owner. that is a pretty bad bite there.Try to get on Judge judy she will eat her up!!!!

It's cos it KNEW you can't spell rottweiler properly, I swear!