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Something I was wondering - sorry, it IS about dogs in stores...
LETS just say this...
Lets say a dog - whether its a little Bippy La Pou Pou or the big bad killer dog from hell - WHATEVER the breed - lets say that animal is in a supermarket, in a cart, or starbucks, or wherever, and that dog bites another person... tiny bite, or tear an arm off - is the liability on the store, or on the owner?
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Posted 4/13/08 8:18 PM  |
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Long Island Weddings
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Re: Something I was wondering - sorry, it IS about dogs in stores...
It should be on the owner, but if the business owner knows the dog is there and said nothing, I'd imagine he/she would also be on the hook. Which may or may not be fair to the business owner.
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| Posted 4/13/08 8:19 PM |
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Gertyrae
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Member since 5/05 20046 total posts
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Gerty ®
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Depends on the store.
A few years ago a rottweiler attacked a six year old girl in Petco. Petco was not liable as they have signs welcoming dogs and it was the responsibility of the mother to watch her child and the handler of the dog (in that case the dog was not with it's owner) to watch the dog.
In a grocery store/food store, I'm not sure - since they aren't supposed to allow dogs I would assume they are responsible if the dog bit someone since they shouldn't have allowed the dog in initially.
Message edited 4/13/2008 8:21:38 PM.
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| Posted 4/13/08 8:21 PM |
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by MrsProfessor
It should be on the owner, but if the business owner knows the dog is there and said nothing, I'd imagine he/she would also be on the hook. Which may or may not be fair to the business owner.
so, lets say that Pit Bull that was in the supermarket bit someone... whose responsibility is it?
I ask this because Cailen is obsessed with dogs... he has had only good experiences with dogs.
I obviously am on him all the time, but he is the type of baby who will easily run up to a dog if he sees one.
Then other day, he was in the supermarket, and my stepdaughter was following him. Because it was a small market, I felt comfortable with this.
but now I'm thinking - what if someone brought a dog there? Cailen would run up to the dog before my stepdaughter would even think of stopping him...
This is making me think I will be the one in charge of him in the supermarket, but if God forbid something happens (and it would happen to me before it ever happened to Cailen because I would throw myself in front of that dog!!!)
but, if this happened and it hit the news, what would people say? That it was the supermarket's fault, or the dog owner's fault?
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| Posted 4/13/08 8:23 PM |
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Dolcezza
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Member since 5/06 768 total posts
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Nina
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Re: Something I was wondering - sorry, it IS about dogs in stores...
I would assume both.
Animals, unless they are for assistive purposes, are not allowed in grocery stores. It is the store's duty to ensure not only the safety of their customers, but the sanitary and health level of the food and produce in their store.
And of course the owner, for one, bringing it in(again, unless its assistive)and two, being negligent.(for lack of better words)
JMO.
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| Posted 4/13/08 8:24 PM |
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Gertyrae
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by lipglossjunky73
but, if this happened and it hit the news, what would people say? That it was the supermarket's fault, or the dog owner's fault?
The reality is there is always going to be some onus on the owner of the dog. No matter where it happens.
My dog is a sweetheart 99.9% of the time...but twice in four years she has growled at a child. She has never bitten or even tried to bite anyone and both times she was provoked - once a child was poking a stick into her crate while she was in it and the second time the child was staring at her while she was sitting next to me.
For this reason, I always am extremely careful about children petting her. I allow it, but if anything at all seems off to me, I stop it immediately. I don't care if people think I'm nuts - I don't want her biting anyone. I would feel horrible and be responsible.
ETA: I just want to add that in the time we have had her, many kids have jumped on her, rode her and played with her....these two incidents were very isolated, but made me careful in general.
Message edited 4/13/2008 8:29:03 PM.
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| Posted 4/13/08 8:27 PM |
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sunnyplus3
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Warning-this is long-
my son was bitten by a dog in a non-residential setting when we was five.
Here's how the whole thing went. It was summertime, just a few days before Brian was going to start kindergarten. He has been around dogs from the time he was born, we had 3 dogs at our house at the time of the incident.
My family was starting a new business with a partner. It was a used car lot & we were working on the office, painting, setting up & stuff. Our partner & his wife lived in the hamptons & decided to bring their Akita because the days were long & hot & they figured they could keep him in the fenced in car area in the back of the building. I had to go to work & my 5 year old was staying at the office with my mother, my stepfather, my fiance, our partner(john), his wife, his mother & her boyfriend(Ray)-(they were helping out too). Before I left I told EVERYONE, "do not let Brian out back near the dog, I don't want him near the dog". It was a fact that the dog had been known to be aggressive & I just didn't trust him.
About 9pm they were finally closing up for the night & Ray went & got the dog from the run. All of the adults were chatting before they left & Ray decided to encourage Brian to pet the dog.
Well that was a bad idea, while he was being held on a short leash by Ray he mauled my 5 year olds face & neck in the blink of an eye. Even with that many adults standing within a few feet of the dog, Ray & my son the wounds were significant.
I got the call at work to meet them at the ER because Brian had been bitten. I assumed that he snuck out back & put his little fingers through the chain link fence, I never imagined it would be his face.
Brian underwent several hours of emergency plastic surgery & fortunately today(he's almost 21) you can just barely see the scars. Thank you Dr Haim Misholy in Port Jeff.
He missed his kindergarten orientation & had to start school with bandages on his face. His fear of dogs was crazy at first, it took a lot to get him past that.
We were told AFTER the incident that the dog had KILLED a neighbors small dog & had bitten the schmuck Ray on the hand the year before!
I sued our business insurance, John & his wife, Ray's homeowners insurance and we were awarded a semi-decent settlement a few years later. I insisted that the dog be put to sleep, the judge agreed.
That was the demise of our new partnership so the whole thing was incredible painful for everyone involved.
In a nutshell, there are appropriate & inappropriate places for animals & HUMANS have a responsibility to THINK about the worst case scenario & never put any innocent people in danger because it seems like a good idea to bring your pet somewhere!
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| Posted 4/13/08 8:51 PM |
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by KellyFG
Warning-this is long-
my son was bitten by a dog in a non-residential setting when we was five.
Here's how the whole thing went. It was summertime, just a few days before Brian was going to start kindergarten. He has been around dogs from the time he was born, we had 3 dogs at our house at the time of the incident.
My family was starting a new business with a partner. It was a used car lot & we were working on the office, painting, setting up & stuff. Our partner & his wife lived in the hamptons & decided to bring their Akita because the days were long & hot & they figured they could keep him in the fenced in car area in the back of the building. I had to go to work & my 5 year old was staying at the office with my mother, my stepfather, my fiance, our partner(john), his wife, his mother & her boyfriend(Ray)-(they were helping out too). Before I left I told EVERYONE, "do not let Brian out back near the dog, I don't want him near the dog". It was a fact that the dog had been known to be aggressive & I just didn't trust him.
About 9pm they were finally closing up for the night & Ray went & got the dog from the run. All of the adults were chatting before they left & Ray decided to encourage Brian to pet the dog.
Well that was a bad idea, while he was being held on a short leash by Ray he mauled my 5 year olds face & neck in the blink of an eye. Even with that many adults standing within a few feet of the dog, Ray & my son the wounds were significant.
I got the call at work to meet them at the ER because Brian had been bitten. I assumed that he snuck out back & put his little fingers through the chain link fence, I never imagined it would be his face.
Brian underwent several hours of emergency plastic surgery & fortunately today(he's almost 21) you can just barely see the scars. Thank you Dr Haim Misholy in Port Jeff.
He missed his kindergarten orientation & had to start school with bandages on his face. His fear of dogs was crazy at first, it took a lot to get him past that.
We were told AFTER the incident that the dog had KILLED a neighbors small dog & had bitten the schmuck Ray on the hand the year before!
I sued our business insurance, John & his wife, Ray's homeowners insurance and we were awarded a semi-decent settlement a few years later. I insisted that the dog be put to sleep, the judge agreed.
That was the demise of our new partnership so the whole thing was incredible painful for everyone involved.
In a nutshell, there are appropriate & inappropriate places for animals & HUMANS have a responsibility to THINK about the worst case scenario & never put any innocent people in danger because it seems like a good idea to bring your pet somewhere!
Oh Kelly - how awful  This is my biggest fear....
I see my beautiful innocent baby and his love for dogs is so pure.... I am so scared of this happening to him...
Message edited 4/13/2008 8:54:50 PM.
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| Posted 4/13/08 8:54 PM |
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Shorty
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Member since 5/05 30390 total posts
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really
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Re: Something I was wondering - sorry, it IS about dogs in stores...
wow - so sorry for your son Kelly! Glad he's OK! 
Second - Liza, why is it that I've never heard "little Bippy La Pou Pou" before?!? That's hilarious!
Third - I assume you'd sue all parties.
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| Posted 4/13/08 8:56 PM |
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janet
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Re: Something I was wondering - sorry, it IS about dogs in stores...
oh my kelly i am sorry to hear you went through this and that everyone involed is ok. 
as for the op... it would be both. the owner for having lake of better judgement, and the store for not protecting their costomers
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| Posted 4/13/08 8:56 PM |
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Gertyrae
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Member since 5/05 20046 total posts
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Gerty ®
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by lipglossjunky73
I see my beautiful innocent baby and his love for dogs is so pure.... I am so scared of this happening to him...
The key is to watch your child and make sure the dog is under control.
Make sure you are dealing with a responsible owner too. You should really know the person who owns the dog and be sure the dog is gentle.
The reality is any dog can bite, they are animals. Just as any cat can scratch...in the long run if a child does something that freaks the animal out, it can attack.
It's something that I think all people should be aware of but some people choose to ignore.
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| Posted 4/13/08 8:58 PM |
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KateDevine
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by janet
as for the op... it would be both. the owner for having lake of better judgement, and the store for not protecting their costomers
Not really true....I mean, you could sue the store, but if the dog owner is a home owner then really that is going to have to take the heat.
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| Posted 4/13/08 9:00 PM |
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sunnyplus3
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Member since 11/05 8749 total posts
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by lipglossjunky73
Oh Kelly - how awful This is my biggest fear....
I see my beautiful innocent baby and his love for dogs is so pure.... I am so scared of this happening to him...
The sight of my stepfather's white teeshirt covered in my child's blood(he held him on the way to the hospital & my baby SCREAMING while they gave him injections in his wounds to numb them will NEVER leave my mind.
I'm an animal loving hippie, but I know first hand animals are NOT people & do not always have the same thought path as people, they can be very unpredictable.
I would not be able to live with myself if my dog hurt someone because I brought him into a strange environment with tons of people & distractions!
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| Posted 4/13/08 9:01 PM |
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by Gertyrae
Posted by lipglossjunky73
I see my beautiful innocent baby and his love for dogs is so pure.... I am so scared of this happening to him...
The key is to watch your child and make sure the dog is under control.
Make sure you are dealing with a responsible owner too. You should really know the person who owns the dog and be sure the dog is gentle.
The reality is any dog can bite, they are animals. Just as any cat can scratch...in the long run if a child does something that freaks the animal out, it can attack.
It's something that I think all people should be aware of but some people choose to ignore.
Cailen got scratched by my friend's cat on his face! Luckily it was so quick and the nails were so sharp, it didn't even hurt, but it left some nasty scratches... Iwas RIGHT there too... I assumed because the cat was used to children with autism he would be fine with a gentle little baby - boy did I learn my lesson!!!
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| Posted 4/13/08 9:01 PM |
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Gertyrae
Peace out Homies!
Member since 5/05 20046 total posts
Name:
Gerty ®
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Posted by KellyFG
Posted by lipglossjunky73
Oh Kelly - how awful This is my biggest fear....
I see my beautiful innocent baby and his love for dogs is so pure.... I am so scared of this happening to him...
The sight of my stepfather's white teeshirt covered in my child's blood(he held him on the way to the hospital & my baby SCREAMING while they gave him injections in his wounds to numb them will NEVER leave my mind.
I'm an animal loving hippie, but I know first hand animals are NOT people & do not always have the same thought path as people, they can be very unpredictable.
I would not be able to live with myself if my dog hurt someone because I brought him into a strange environment with tons of people & distractions!
I can't even imagine the horror of that happening. Thank God your son is okay now...what a terrible experience.
But you are right, an animal is an animal - no matter how gentle and sweet it may appear we never know what is going on in their heads.
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| Posted 4/13/08 9:03 PM |
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DancinBarefoot
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Re: Something I was wondering - sorry, it IS about dogs in stores...
Since you asked Liza . . . in New York we have the "one bite" rule. Almost every dog gets one "free" bite, meaning that a dog can bite (maul) someone and the owner will not be held responsible IF the dog has NEVER shown a propensity toward aggression.
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| Posted 4/13/08 11:18 PM |
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