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Lawyers of the OT- does she have a case?

Posted on 2/26/14 at 8:03 am
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 2/26/14 at 8:03 am
LINK

i realize one can sue for just about anything, but this is way out there IMO. Why would the retailer be liable for this?
Posted by H.M. Murdock
B.A.'s Van
Member since Feb 2013
2113 posts
Posted on 2/26/14 at 8:08 am to
Parents should sue themselves as they were the owner at the time of the incident. Jesus Christ this country is fricked.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 2/26/14 at 8:09 am to
Not a lawyer but absolutely I think Petco is a libel party selling an infected animal....now if it were many days, it would be different..but just a few hours after he bought it? They are toast.

I am in genetics and know they can link the strain of the boys infection back to a sample from the rat..

It would be like them selling you a dog with rabies.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89528 posts
Posted on 2/26/14 at 8:12 am to
I'm freakin' out, man - this is just like that scene in The Wall, when Comfortably Numb plays.

Weird...
Posted by MSTiger33
Member since Oct 2007
20383 posts
Posted on 2/26/14 at 8:13 am to
I'm not reading the whole article. It depends on how long the kid had the rat. The pictures seem to indicate that he had the rat for a while before it bit him. If the kid was bit immediately after purchasing the rat then you could argue that Petco sold a diseased animal. However, if we are talking a long time between the sale and the bite then the likelihood that Petco sold a diseased rat becomes too attenuated.

Also, its a fricking rat. A rodent, a scavenger. It is a disgusting animal that was the vehicle for the Black Death which resulted in the death of an estimated 75-200 million people.
Posted by LSUPapaJoe
TIGER NATION
Member since Dec 2006
426 posts
Posted on 2/26/14 at 8:13 am to
I don't know it would seem to me that Petco would have to have some kind of quality control for the type of pets they sell.

I mean I don't recall you having to sign a waiver saying we are void of all responsibilities if you are bitten by our pets.

But then again they may have one who knows.

That is such a tragic story man... I feel terrible for that family. I would be just as distraught if that happened to my son.
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 2/26/14 at 8:17 am to
quote:

Petco sold a diseased animal


fair enough, but how does Petco know its diseased?

quote:

its a fricking rat. A rodent, a scavenger. It is a disgusting animal that was the vehicle for the Black Death which resulted in the death of an estimated 75-200 million people.


this is more of my opinion. you assume an inherent risk when handling any animal. A rat isn't a companion animal like a dog/cat or even a bird (if an avian can be classified as a companion animal). They aren't inclined to be held or petted. Therfore the risk of injury is higher. I just don't see how Petco is responsible for this.

the whole rat ownership thing is pretty stupid IMO.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 2/26/14 at 8:19 am to
quote:

MSTiger33


quote:

San Diego County medical examiners would later rule his death was caused by streptobacillus moniliformis, or rat-bite fever, and now his family wants unspecificed damages from the national chain for failing to prevent his tragic death. Read more: LINK Follow us: @MailOnline on Twitter | DailyMail on Facebook


He died 2 weeks after the purchase. It's pretty easy to find out how long an animal has been infected with a lot of situations, I'm no sure about this type of infection.

I think Petco will be liable in the end. Unless there is some sort of test they offer at purchase and the family signed off not to have it, or some other CYA move by Petco.

I will never ever understand a humans desire to have a "pet" snake, rat, roach, spider, etc
Posted by MSTiger33
Member since Oct 2007
20383 posts
Posted on 2/26/14 at 8:23 am to
Two weeks is not a long time so I tend to agree with you in that Petco will be held somewhat liable. I think there is going to be a lot of testimony regarding the testing of rats for the bacteria prior to sale, the incubation period of the bacteria, do rats she symptoms of infection, etc.
Posted by white perch
the bright, happy side of hell
Member since Apr 2012
7132 posts
Posted on 2/26/14 at 8:26 am to
quote:

I will never ever understand a humans desire to have a "pet" snake, rat, roach, spider, etc


my sister has a pet rock

Posted by Sevendust912
Member since Jun 2013
11366 posts
Posted on 2/26/14 at 8:28 am to
IDK what kind of waiver you sign when you buy an animal from Petco, so they may have a case. Either way, I'm sure it will settle and Petco will throw them some money so they will go away.

But the family is fricking stupid for giving their kid a pet rat.
Posted by junkfunky
Member since Jan 2011
33892 posts
Posted on 2/26/14 at 8:29 am to
quote:

A rat isn't a companion animal like a dog/cat or even a bird (if an avian can be classified as a companion animal). They aren't inclined to be held or petted.


No more or less than most "pets" (cats for sure).

ETA:

The rats are my favourite of our pets.
This post was edited on 2/26/14 at 8:32 am
Posted by fatboydave
Fat boy land
Member since Aug 2004
17979 posts
Posted on 2/26/14 at 8:31 am to
quote:

I think Petco is a libel party


What did they say?
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 2/26/14 at 8:47 am to
quote:

The rats are my favourite of our pets.



Your comment suggests a certain bias.
Posted by reservoir_dawg
Member since Nov 2012
280 posts
Posted on 2/26/14 at 9:00 am to
The answer is it depends. There's just not enough information in the article to determine if they have a case.

With that said, if they can prove that the other rat did not have the disease and therefore it came from the PetCo rat and that the disease is easily identifiable, then PetCo is absolutely liable.

I hate rats just like 98% of the population. But you can't have a Pet Store selling diseased animals. This isn't just about rats. If they're not checking the rats then they're probably not checking the dogs or the cats or the iguanas or anything else. Animals are harbingers of terrible diseases. Mice and fleas wiped out 1/3 of the world's population in the middle ages with the Bubonic Plague. As much as people like to look at animals as cute and cuddly, if you're a business that deals with them you better take the safety precautions necessary to make sure you're not spreading something. And if you don't, and you sell a diseased animal to an unsuspecting little kid who ends up dying because of it, then you should be responsible. You can't go around selling animals with deadly diseases and then when it kills someone just wipe your hands clean and walk away.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89528 posts
Posted on 2/26/14 at 9:01 am to
quote:

What did they say?


You mean,

"What did they publish?"
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