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Dog Caught In Escalator!

eevveellyynn
April 1st, 2007, 10:47 PM
I was over at the mall today and walking my Maltese/Pomeranian mix when she got caught in the escalator and is now at VCA Emergency getting a toe amputated. $1000 in vet fees :sad: ..talk about April Fools. THANK GOD it's not worse. In retrospect, it was so stupid to let her run up escalator steps but she has done it happily and safely many times without any issues that it was hard to think it'd be dangerous! My question, though, is whether or not I have a legal case with this. There is no sign that says dogs need to be carried or that they are not allowed on the escalator. Girls from a nearby store came running out of the store and said that this happens at least once a week. I think something needs to be done...whether it be just a warning sign. However, since they don't have a sign posted, do I have the grounds to sue for at the least, vet fees and make them put a warning up?!

Also, has anyone else had this happen to them or known of any poor dogs who've been in the same situation?

erykah1310
April 1st, 2007, 10:51 PM
I have no advice, but I am floored that dogs are allowed in the mall like that?!?!
I would inquire about a warning sign and really push for that, but as far as sueing ... no, personally I wouldnt. I dont know if you have grounds for it or not but IMO stuff happens, we all know what escalators look like and I myself am terrified to get "stuck" in there, weather it be a shoe lace or a toe ( if sandal season)
Its your call if you want to pursue the whole sueing thing , but :shrug:

Rottielover
April 1st, 2007, 10:53 PM
Harley has had a toe amputated, but not for that reason.
I agree, do not think you have any grounds for suing, accidents happen, and why was a dog allowed in a large mall?

Dracko
April 1st, 2007, 10:54 PM
I'm not seeing how it is the mall's fault? Anyone who takes an escalator knows it is moving and anything can get caught in it. To me this is no different than the woman who sued McDonalds cuz the coffee was too hot. Who doesn't know that coffee is hot even if there isn't a sign posted?

Prin
April 1st, 2007, 11:00 PM
Yeah, it's just common sense, IMO, not to let your dog run up an escalator. Especially when your dog is a pom, with long hair ready to get snagged.

Maya
April 1st, 2007, 11:45 PM
Sorry about your dog that must have been very painful for her/him. There should be a sign since it sounds like it happens quite often but it should also just be common sense to not let dogs run up escalators. I don't think it is reported much but children seem to get caught fairly often as well. I kind of doubt you'd have a case but hey the McDonalds lady did.:shrug:

Interesting survey about guide dogs and escalators if anyone is interested:http://www.sitenoobject.co.uk/escalator/comments.php

worrier
April 2nd, 2007, 12:45 AM
Especially when your dog is a pom, with long hair ready to get snagged.

Don't encourage non-Pom owners Prin. ;)

CyberKitten
April 2nd, 2007, 01:04 AM
I am sorry about your hurt dog and the vet bills but I have to agree. Malls should prohibit that kind of thing - I don't even like to think of children - and I encourage my own patients NOT to even consider allowing a toddler on an escalator. That is an accident waiting to happen. The mall would be liable only because they had no sign saying "No dogs or children allowed." Escalators are dangerous for small children and dogs furbabies of any kind, unless you carry them.

I am so sorry y6ou had this lesson this way though - I don't mean to lecture but I don't think you have a case. I am a bit surprised you allowed your dog to do that butI am sure all of us here has done something with our pets we regret later so you are not the first!! Thank goodness she was not hurt worse than she was. I have seen children in the ER who have been caught in an escalator and lost limbs, never mind toes. I can recall being a child and wanting to play on one and my mother nearly had heart failure.

LM1313
April 2nd, 2007, 01:49 AM
I'm not seeing how it is the mall's fault? Anyone who takes an escalator knows it is moving and anything can get caught in it. To me this is no different than the woman who sued McDonalds cuz the coffee was too hot. Who doesn't know that coffee is hot even if there isn't a sign posted?

Actually the woman sued not because the coffee was hot, but because it was INSANELY hot. Also, this was not greed on her part.

After getting medical treatment for third degree burns, including skin grafts . . .

Liebeck sought to settle with McDonald's for US$20,000 to cover her medical costs, which were $11,000, but the company offered only $800. When McDonald's refused to raise its offer, Liebeck obtained Texas attorney Reed Morgan. Morgan filed suit in a New Mexico District Court accusing McDonald's of "gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured." McDonald's refused Morgan's offer to settle for $90,000.[3]

Morgan offered to settle for $300,000, and a mediator suggested $225,000 just before trial, but McDonald's refused these final pre-trial attempts to settle.[3]

McDonald's refused to settle perhaps because, though there had been numerous lawsuits alleging that hot coffee was "defectively manufactured," courts had consistently dismissed the cases before trial on the grounds that coffee burns were an open and obvious danger.


The JURY, not the lady, settled on punitive damages of $640,000.

Sorry for going off on a tangent, I just see that case misunderstood a lot. :)

Anyway, in this case my first question would be are dogs allowed in the mall or do people just not bother to kick small dogs out? Because if it's the second case, I doubt if you could sue. I would inform someone in charge of the safety hazard and see if they'll put a sign up or something.

eevveellyynn
April 2nd, 2007, 02:06 AM
Thanks for your responses, everyone.

Sorry I wasn't clear. I'm in San Diego, CA and we have outdoor malls where dogs are allowed on leashes--which she was on. I just thought I would have a case since there are some malls that say dogs must be carried, but this mall doesn't. There is a warning sign but it only states "1. No strollers 2. Hold handrails 3. Keep tennis shoes away from sides 4. No bare feet. 5. Always face forward 6. No child unattended. PARENTS Your children must obey these rules"

I figure since dogs are just as common at this mall as children are, they would address the dogs also. I really had no idea this would happen...and I don't and never really had a fear of escalators. A sign definitely would have warned me or at least alerted me that there was a great danger! :mad:

Prin
April 2nd, 2007, 02:09 AM
Maybe your dog falls under the "no bare feet" rule...:o

Maya
April 2nd, 2007, 02:34 AM
Thanks for the clarification on the coffee case LM1313, I didn't know the details and its pretty scary so many of us jump on the bandwagon to make fun of that one!

I guess if by a legality the mall were at "fault" for not having a sign that included dogs also being at risk then you might have a case. Legal fees might not make it worthwhile though.:shrug:

eevveellyynn
April 2nd, 2007, 02:36 AM
Maybe your dog falls under the "no bare feet" rule...:o

=T maybe. I guess so--if paws are feet. And then I was thinking, well if I consider her my child, then the "No child Unattended" would apply, but it's not like she was playing on escalators like children do. She was right in front of me and ready to leap off.

On another note...she is still at the Emergency vet's and they still haven't started on the surgery yet. Doesn't that defeat the purpose of "Emergency care"? I know they're busy and all but it's hard to believe that for 7 1/2 hours there were back to back life-threatening emergencies. So my Suki is STILL sitting in a cage with grime and blood on her paw :mad: :frustrated: !!!