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    Pdrizzo's Avatar
    Pdrizzo Posts: 3, Reputation: 1
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    #1

    Oct 4, 2015, 05:50 PM
    I would like to know if I even have a case.
    I was at my gym today and after 45 minutes I was asked to leave because my dog was in the car sleeping and unattended. It is a big name gym and I couldn't believe they were asking me to leave. I am in pa. And it was 52 degrees at 9:30 this morning. I was so humiliated I could ----. My dog goes where I go. After the gym we were going to the dog park, I was so pissed we never maide it. Dave
    J_9's Avatar
    J_9 Posts: 40,271, Reputation: 5643
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    #2

    Oct 4, 2015, 06:09 PM
    A case? Like a lawsuit?

    No. You don't.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Oct 4, 2015, 07:02 PM
    So if your dogs goes where you go what happens whens it 90 outside? What kind of case do you think you may have?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #4

    Oct 4, 2015, 07:24 PM
    They could have a case against you... for cruelty to animals in some places. But sorry, as what said you have no case against them. I'd be ashamed to even think about it.
    J_9's Avatar
    J_9 Posts: 40,271, Reputation: 5643
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    #5

    Oct 4, 2015, 08:13 PM
    To have a suit you must have damages. What are your damages? Humiliation doesn't count.

    You could, on the other hand, be sued for animal abuse and/or neglect. Never leave an animal or child alone in a parked vehicle. It doesn't matter what the temperature.
    Pdrizzo's Avatar
    Pdrizzo Posts: 3, Reputation: 1
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    #6

    Oct 5, 2015, 04:17 AM
    When it's 90 degrees out we are on the golf course, yes she does ride in the cart with me. Thanks.
    Pdrizzo's Avatar
    Pdrizzo Posts: 3, Reputation: 1
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    #7

    Oct 5, 2015, 04:26 AM
    Quote Originally Posted by J_9 View Post
    To have a suit you must have damages. What are your damages? Humiliation doesn't count.

    You could, on the other hand, be sued for animal abuse and/or neglect. Never leave an animal or child alone in a parked vehicle. It doesn't matter what the temperature.
    As for me being sued for neglect, I think people who have animals and leave them home all day 12 hours a day are the ones who neglect their animals. You won't get an apology from me for taking my dog on rides with me every day. On the other hand I often wonder what Americas future looks like with piss poor thinking like yours.

    Quote Originally Posted by smoothy View Post
    They could have a case against you... for cruelty to animals in some places. But sorry, as what said you have no case against them. I'd be ashamed to even think about it.

    Ashamed? For asking a question? In the medical field we are taught early on to ask q,s. Thanks, retired guy.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #8

    Oct 5, 2015, 04:43 AM
    Quote Originally Posted by Pdrizzo View Post
    As for me being sued for neglect, I think people who have animals and leave them home all day 12 hours a day are the ones who neglect their animals. You won't get an apology from me for taking my dog on rides with me every day. On the other hand I often wonder what Americas future looks like with piss poor thinking like yours.

    Quote Originally Posted by smoothy View Post
    They could have a case against you... for cruelty to animals in some places. But sorry, as what said you have no case against them. I'd be ashamed to even think about it.

    Ashamed? For asking a question? In the medical field we are taught early on to ask q,s. Thanks, retired guy.
    At home they have space to run and do whatever... at home they have food and water, at home they won't get excessively hot or cold.

    When you return to your car to find a busted out window no pet.. and a summons. Don't say we didn't warn you. The police can do that and yes they have the authority to do that.


    You wouldn't leave you kid in the car... you shouldn't leave a pet there either. I'm no animal rights activist... but that's just common sense.

    And the reason you should be ashamed was even thinking you were entitled to someone else's money because your precious ego was hurt over something you was responsible for. There is something fundamentally wrong with that type of thinking....funny....how you YOU feel if we got the attitude WE might have a case against you after a cocky response like that?

    Its really no different....the pendulum swings both ways. Spend some time thinking about that. If you had a case then other people would have a case against you every time you let loose with something that offended them. That should help keep things in perspective.

    There was no shame in ASKING the question. But there is some in your reaction to answers you didn't clearly want to hear.
    J_9's Avatar
    J_9 Posts: 40,271, Reputation: 5643
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    #9

    Oct 5, 2015, 05:58 AM
    Quote Originally Posted by Pdrizzo View Post
    As for me being sued for neglect, I think people who have animals and leave them home all day 12 hours a day are the ones who neglect their animals. You won't get an apology from me for taking my dog on rides with me every day. On the other hand I often wonder what Americas future looks like with piss poor thinking like yours.




    Ashamed? For asking a question? In the medical field we are taught early on to ask q,s. Thanks, retired guy.
    Piss poor thinking like mine? My 3 dogs have an acre to run and someone is always home. I don't lock them up in a confined space like a car.

    I'm more concerned about your piss poor thinking and over inflated ego. You think it wise to clutter a court docket because your ego was bruised? Courts have more important cases to take care of than stroking your ego and making you feel better.

    If this instance embarrassed you, you are going to have a long hard life ahead of you. I bet you played sports as a kid and got a trophy just for participating, not for actually winning. Go whine to your pansy friends. I'm sure they will sympathize with you.

    You are actually part and parcel of what is wrong with this country, people like you and your litigious nature.

    You ou might want to read this. http://k9rescueme.com/k9rescueme/Mai...ert%5B1%5D.pdf
    J_9's Avatar
    J_9 Posts: 40,271, Reputation: 5643
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    #10

    Oct 5, 2015, 06:07 AM
    Quote Originally Posted by smoothy View Post
    And the reason you should be ashamed was even thinking you were entitled to someone else's money because your precious ego was hurt over something you was responsible for. There is something fundamentally wrong with that type of thinking....funny....how you YOU feel if we got the attitude WE might have a case against you after a cocky response like that?

    Its really no different....the pendulum swings both ways. Spend some time thinking about that. If you had a case then other people would have a case against you every time you let loose with something that offended them. That should help keep things in perspective
    He offended me and bruised my ego. Do I have a case against him? BWAHAHA!

    Seriously dude, grow some thicker skin.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Oct 5, 2015, 06:18 AM
    Actually, I don't see a problem with 45 minutes at 52 degrees (assuming it was Fahrenheit).
    J_9's Avatar
    J_9 Posts: 40,271, Reputation: 5643
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    #12

    Oct 5, 2015, 06:24 AM
    Quote Originally Posted by AK lawyer View Post
    Actually, I don't see a problem with 45 minutes at 52 degrees (assuming it was Fahrenheit).
    He was asked to leave after 45 minutes. We have no idea how long he planned to stay. And if you read the post again, he wants to sue the gym because he was butt hurt that they asked him to leave v
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #13

    Oct 5, 2015, 07:48 AM
    I AM TOTALLY 100% with you. I once was called out of a CVS on a cool, overcast day because I had the temerity to leave my dog in the car (not this year). My dog LOVES going places in the car and waiting in it, weather permitting. The world has gone nuts.

    But I wouldn't sue because it's not worth the time and fee. Go talk to the management or owner. Put a thermometer in your car with a note on the glass!

    WOW, some of the responses here are so... knee jerk. Thanks AKlawyer
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #14

    Oct 5, 2015, 08:39 AM
    Leaving Animals Unattended in Vehicles | LegalMatch Law Library
    What Is Wrong With Leaving Animals In Vehicles?

    Animals left in vehicles chiefly are exposed to the danger of hyperthermia, or heat stroke. For example, Sergeant Tom Lovejoy of Arizona accidentally left his K-9 dog in the police car in front of his house for 12 hours in 109 degree heat, resulting in the dog's death.
    The crime of leaving animals unattended in a vehicle is often specifically regulated by local ordinances and municipal codes. These rules prohibit leaving animals in cars with inadequate ventilation or extreme temperatures that will adversely affect its health or well being. The punishments can be severe, but significantly lower than the penalties surrounding leaving children unattended in a vehicle.
    - See more at: Leaving Animals Unattended in Vehicles | LegalMatch Law Library
    Now I'm not saying that you endangered your pet. What I AM saying is that it was not unreasonable for someone in the gym to think so. More importantly, depending on local laws, the police could have been called and you could have been issued a summons or arrested. Unless you were escorted from the gym forcibly, with signs calling you a dog abuser, then no, you have absolutely no case against the gym. You should thank them for being concerned about your pet and not calling the police. The gym has the right to refuse service to anyone as long as it is not based on racial or age discrimination (sexual discrimination too in some places). Locking a pet in a car does not put you in a protected class. So it offers you no protection.

    The comments made here about your treatment of your pet are reasonable based on what you have posted. I also don't know enough of the details. For example was it a bright sunny day? Even if outside temp were in the 50s, the temperature inside a car sitting in the hot sun can get very high very quick. Was the car parked in the shade with the windows partially opened? Again, this mitigates the feeling that you were abusing the animal.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
    Pets Expert
     
    #15

    Oct 5, 2015, 02:46 PM
    I won't get into the dog being in the car, I wouldn't be able to bite my tongue enough to remain civil.

    Let's focus on what the OP is asking instead. Does he have a case? The answer is no. Even if he didn't break any laws by keeping his dog in the car (would have to know the laws where he lives), the answer is still no. He isn't out any money, they did not (according to his post) shout out that he was a dog abuser or defame his character, and even if they had, he would have to prove that he's out money because of that defamation.

    In other words, no case. You can't just sue someone because they hurt your feelings, and it's silly and childish to think you can.
    J_9's Avatar
    J_9 Posts: 40,271, Reputation: 5643
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    #16

    Oct 5, 2015, 08:45 PM
    Leaving the dog in the car aside. You cannot sue simply because you were
    "humiliated." Humiliation isn't a damage recognized by the court system.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #17

    Oct 6, 2015, 06:09 AM
    There was a recent case where a fan at a Yankee game was shown asleep in his seat. He sued for $10M. The judge threw the case out. Apparently some people in the twitterverse made some disparaging remarks, but not the commentators.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691
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    #18

    Oct 7, 2015, 03:03 AM
    To have a case, there must be all the elements of the tort. There has to be a loss or injury of some type.

    Public embarrassment if it was so serious and so public as to cause you a loss to your character. If the other people at the gym were fellow workers at your work place, customers or others where this could have a effect on your over all character, And the court feels that the request was made too public. (spoken loud enough for others to hear)

    Also issues of animal protection (even if you don't agree) about an animal in a car for extended amounts of time, may be illegal, if so, then that would destroy most cases.
    As you can see from the other posters, if you get one or two like them on a jury, you would never win the case.

    So opinion: there is no solid case, and if case is done, do not use a jury trial, since that would not be in your favor.

    The issue of course is your location, and their specific state laws.

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