Here are some magic words that may help you settle a $1 million lawsuit one day: The dog feces in question was not open and obvious.
Remember those words, and you could be set for life.
The Virginian-Pilot reports that PetSmart has settled a $1 million negligence lawsuit brought by Robert W. Holloway, the man who uttered those immortal words. He claimed that in January 2009 he was heading for the treats aisle in a Virginia PetSmart when he slipped on a hiding pile of dog poop, badly injuring his already not-perfect back. The suit also alleged that he struck his head and knocked out four teeth (never mind that they were false teeth).
That was some powerful poop!
I wrote a Dogster post about the case last year when he filed suit. I marveled at the formal talk about how PetSmart and its employees negligently allowed animals to enter the premises and deposit feces in such a manner as to create a dangerous and hazardous condition. Oh those wicked animals who deposit their feces and create all kinds of dangers and hazards!
I predicted that Holloway’s suit would go the same way a suit brought by a woman who slipped in dog urine in the same store did: Nowhere. I figured he’d end up with only a toothless smile and a dirty shoe to show for his efforts. I didn’t think that he’d end up with his wallet loaded.
Dogsters, what do you think of the suit, and the outcome?