Before i get to explaining myself, here's the story:
" A woman whose husband died after receiving a liver transplant infected with a rodent virus is suing PetSmart Inc., claiming the chain should have warned customers that hamsters can carry the virus.
The federal lawsuit alleges Thomas Magee, 54, and two other organ recipients died after transplants from a woman who had contracted a virus from a hamster she bought at a PetSmart store in Warwick, R.I.
In her lawsuit, Nancy Magee says PetSmart had a duty to warn its customers that hamsters could carry the virus and that people with weakened immune systems could die from it.
Magee, who sued on behalf of herself and the couple's three children, declined to comment when reached at her home. She referred questions to her attorney, Richard Bickelman, who did not return a call Wednesday. "
Ok, now its my turn, I think it is ridiculous and just example of the frivolous lawsuits that take place in this country.
First of all, Petsmart did sell the animal. However once the animal leaves the property what responsibility is of them. Does this mean that the animal can only catch such diseases at their facility? NO, the animal could have caught the disease anytime after the point of sale. Also this woman was not the customer of Petsmart, she wasn't even the customer of the organs.
Second of all, it seems to me like who ever handled the dead woman's body should have checked to see if her death was contributed from this disease. If it was, the organs shouldn't have been donated.
Third of all, It is Common Sense (i know that is a rare occurance these days) that ANIMALS CARRY DISEASES. Now these stores do the best they can to take every precaution to keep animals with these diseases "off the shelf", but they can't get them all, just because the sheer fact that most diseases have a dormancy period. During these periods, you can test untill you are blue in the face and majority of the time not notice the disease. Lets be realistic, how long does AIDS lay dormant before it is noticable? 7 - 10 years. When i go buy a fish for my kids, can i sue the store for selling a product, and not telling me directly that there is a potential possiblity that it could have the Salmonella virus? No, because it is common knowledge that fish carry the disease.
Face it, if this was to become the norm, you would need to have a 10 page disclaimer for every animal you bought or acquired, stating all of the potential diseases or defects said product could have, it doesn't make sense.
Its time for people to wise up and use some Common Sense, unfortunately the legal system has created (with the Politicians help, thats right i wasn't going to give them a free ride on this one) a Society of Mindless Idiots, that think a good compensation for a lack mental capacity is to get FREE money from others.
Politicians, its time to close the ability to clog the courts with lawsuits that should never see the light of day.
In criminal cases, the prosecutor has to prove its case against the defendant. In this case the defendant is the store, so this lady should have to prove her case before it makes it to the court.
Hopefully in the court of public opinion this lady will prove to be the idiot that she truly is.
Viva Liberty!
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