Dog Bite Law Blog

News and opinion about dog bite law

Bringing a Dog to the Mall – Folly or Fair?

with 4 comments

Carlos Granda, a reporter with KABC-TV (ABC in Los Angeles, CA), called me yesterday. He said people have been writing to his station, complaining about seeing dogs in malls and stores. Would I care to comment, he asked?

That’s like asking the home plate umpire if he would care to say whether the last pitch was a ball or a strike. “Of course,” I told Carlos.

Just an hour before, I walked around a corner at a mall near my house, and what did I almost collide with? A pit bull, sitting on a wall, with a New Year’s Eve party hat on. About 10 feet away, his owner (I assume) was taking photos of him, using a cell phone camera. Although my elbow grazed the dog’s shoulder, the pit just looked at me, far calmer than I was looking at him.

A dog on a wall in a mall. Now, that’s unexpected! Which is why a California court, during the 1950′s, ruled that a store that allows people to bring their dogs can be held liable for any type of accident that the dog causes. In that case, a lady who was shopping either tripped over the dog or got tangled in its leash, but she fell and was badly injured. The court ruled that a store designs its aisles so that people will be looking at merchandise, not checking the floor for pooches and leashes. Consequently, a store can be held liable for negligence if a shopper sustains injury in any encounter with a dog on the premises.

And that’s not all. What about the pee and the poop? What about the shedding? If a customer has an allergy, or is simply afraid of animals, what about that? All things considered, it seems completely unreasonable to allow dogs (and other pets) to come into malls, stores and restaurants. There are only two exceptions: police dogs and service dogs. By law, the latter are allowed everywhere, for a very good reason, namely to assist those people who require help.

Well, the interview ended a few minutes ago. It did not go well. Carlos, his cameraman and I laughed so much that I’m not sure he will be able to use me on the segment. We were laughing at the folly of all this. Not only the pit bull wearing the party hat, but, for example, the ice cream store that gives free ice cream to dogs and little children. What happens when you put an ice cream cone between a dog and a young child who have never met? While the answer (facial injuries for the child, possible euthanasia for the dog) is not funny, the utter stupidity and selfishness of the store is truly laughable.

In my line of work, representing mostly kids who have been bitten on the face by dogs, I have to laugh to keep from crying. I have almost never reviewed a dog attack that was not the fault of the dog owner, whether because the dog was put in the wrong place at the wrong time (a daycare center, a crowded apartment building, on the wall at the mall), or it was not trained or badly cared for, or the owner failed to warn that the dog was injured or sick. Sometimes, however, the fault also stems from another human who is not on the other end of the leash, namely a store manager or a landlord. Essentially, accidents involving dogs are the result of people’s negligence. And sometimes, their sheer folly.

Written by Kenneth Phillips

July 28, 2010 at 11:43 pm

Posted in News and Opinion

4 Responses

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  1. Okay, I’m probably asking for it here, but how is this different than Americans being able to carry guns in national parks and other public locales when properly licensed from a safety standpoint, putting aside our Constitutional rights argument? Even in my safe city there is more and more gun and gang-related violence. If a person is responsible, I do not have to worry about being shot if they have a gun in public; if the person is not, then I do. At least with dogs, the dog is visible to anyone who might feel threatened unlike concealed weapons.

    My dogs accompany me to every place of business in my city that has posted itself as “dog friendly.” By the store putting a sign on the door, customers are put on notice and can choose to shop elsewhere. My experience is that this actually is a good thing for shops in my city. We have a lot of dog lovers. My city has many, many places that allow well-behaved dogs, including banks, bookstores, pet stores and outdoor restaurants. I have yet to read about any incidents.

    I recently bought a new car and they had me bring the dogs into the dealership with me to sign the paperwork rather than make them wait in the car. So while I signed, all the employees came up and talked to and petted my pit-mixes and told me what great, friendly dogs I have and that they are welcome back any time I need service.

    I do not, however, take my dogs somewhere they are not allowed. Unfortunately many people feel their dogs are subject to the same rules as humans and that they have the right to take them anywhere. A pit bull sitting on a wall with a party hat on would probably make the newspaper in my city in a good way and not be looked at negatively. More evidence of regional differences and outlooks as far as dogs are concerned.

    jen brighton

    July 29, 2010 at 9:21 pm

  2. On Sunday, I attended a Paws & Claws fundraiser for one of our local no-kill shelters. This post came to mind when it occurred to me that there were at least 50-100 dogs in attendance of all sizes, shapes, ages and personalities, in a fairly small area, including at least 10-15 pit bulls or pit-mixes, with nary a snarl, just a bunch of wagging tails and happy dogs. There were games (people/dogs playing musical chairs, showing off training skills, dancing), and new dogs greeting one another. Amazing what ownership has to do with manners in public.

    Along with all these dogs were food vendors and people and children walking around with ice cream, sandwiches, baked goodies and almost every booth was giving out dog treats. Again, no scuffles to be had. All the dogs were the epitome of politeness.

    I look forward to our annual Dog Days of Summer at the end of the month, where there are upward of 250 dogs in attendance, many in costume, and a large amount of vendors, games, food, prizes, etc. I will be helping walk dogs through an agility course (teeter, tunnel, dog walk, jumps) with the facility I train my dogs at.

    jen brighton

    August 3, 2010 at 8:55 pm

  3. Thank you. I am a dog lover, I own dogs, and I am sick of coming to a public place and having to contend with other peoples’ pets. When I go to outdoor restaurants I dislike having the person near me tote their pet along. The dog is rarely well behaved. It is pulling at the leash, getting in the way of servers, staring at other people who did not agree to be in the presence of a dog, licking itself, whining and panting, and in general, making a nuisance. I wonder how it is for people who are fearful of dogs, do not want an animal around food, just want some time out and are confronted with other people’s inability to stop being the center of attention.

    I love my dogs and want others to love their own pets. I just do not want to have to contend with all the dogs that are allowed where I once could go without all the hassle.

    candycorn

    August 8, 2010 at 2:07 am

  4. candycorn, why do you frequent a restaurant that allows dogs, then? There are about 95% of them that don’t, so just avoid those that do. If you are unsure, you can always ask before being seated. I dislike eating a meal with smokers in the restaurant, so before the state of Washington instituted its smoking ban in restaurants and bars, I frequented only bars and restaurants that took the initiative to ban them prior to a legal ban. I’m sure you can find lots of restaurants and public places to hang out that prohibit dogs.

    Ironically, since the subject of this blog is public safety, getting dogs out in public is the best way to socialize them in different situations. It’s dogs that never leave the house that tend to have more aggression issues for lack of meeting people. Pet dog trainers suggest that puppies meet 100-200 people in the first year of life. That’s pretty hard to do if they never leave the house because you are worried they will whine, pant, and lick themselves.

    jen brighton

    September 27, 2010 at 10:44 pm


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