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Washington State Fairs Washington State Fairs AssociationAssociation
October 28, 2005October 28, 2005
Fair and Petting Zoo LiabilityFair and Petting Zoo Liability
William D. Marler, J.D.William D. Marler, J.D. Marler Clark LLP, PSMarler Clark LLP, PS [email protected]@marlerclark.com
Kenneth D. RennerKenneth D. Renner Miller & Wagner LLPMiller & Wagner LLP [email protected]@miller-wagner.com
2002 Lane County Fair 2002 Lane County Fair E. coliE. coli OutbreakOutbreak
60 culture + primary cases60 culture + primary cases
14 culture + secondary cases14 culture + secondary cases
8 presumptive (1 HUS or bloody D)8 presumptive (1 HUS or bloody D)
22 hospitalized - 12 HUS22 hospitalized - 12 HUS
29 represented by Marler Clark29 represented by Marler Clark
Case-Control Study ResultsCase-Control Study Results
No association with touching animalsNo association with touching animals
No association with touching railingsNo association with touching railings
No association with failure to wash handsNo association with failure to wash hands
Slight increased risk among youngest Slight increased risk among youngest cases with touching the ground in cases with touching the ground in goat/sheep areagoat/sheep area
Sampling ResultsSampling Results
Environmental Environmental samples were samples were positive for positive for E. coli E. coli O157:H7 - all from up O157:H7 - all from up under ceilingunder ceiling
PFGE match to all ill PFGE match to all ill person casesperson cases
ConclusionsConclusions
No evidence that not washing hands was No evidence that not washing hands was related to risk of illnessrelated to risk of illness
No evidence for “traditional” animal No evidence for “traditional” animal exposures - but hard to rule outexposures - but hard to rule out
Given that it was found in ceiling area – Given that it was found in ceiling area – likely airborne likely airborne E. coliE. coli
Exposure in small animal building - most Exposure in small animal building - most likely goat/sheep arealikely goat/sheep area
Functions of the Court and JuryFunctions of the Court and Jury
In deciding this case, you are to consider all the evidence that you find worthy of belief. It is your duty to weigh the evidence calmly and dispassionately and to decide this case on its merits. Do not allow bias, sympathy, or prejudice any place in your deliberations; all parties are equal before the law. Do not decide this case on guesswork, conjecture, or speculation.
Definition of InviteeDefinition of Invitee
An invitee is one who goes on the premises of another at the other’s invitation, either express or implied, and whose presence there is in the economic interest of the other.
Possessor’s Duty to InviteePossessor’s Duty to Invitee
It is the duty of the possessor of land to make the premises reasonably safe for the invitee’s visit. The possessor must exercise reasonable care to discover conditions of the premises that create an unreasonable risk of harm to the invitee. The possessor must exercise reasonable care either to eliminate the condition creating that risk or to warn any foreseeable invitee of the risk so as to enable the invitee to avoid harm.
Invitee’s DutyInvitee’s Duty
The invitee is required to exercise reasonable care to avoid harm from a condition on the premises of which the invitee knows or, in the exercise of reasonable care, should know.
In determining and comparing negligence, if any, you must consider the obviousness of danger and the ease or difficulty with which harm to the plaintiff from that danger could be avoided by either party.
E. coliE. coli Illnesses at Fairs Illnesses at Fairs
Over 20 outbreaks associated with petting zoos Over 20 outbreaks associated with petting zoos and fairs reported since 1995and fairs reported since 1995
Hundreds of illnesses and the development of Hundreds of illnesses and the development of HUS - Linked to human-animal contact, air-or HUS - Linked to human-animal contact, air-or dust-borne dust-borne E. coli E. coli O157:H7 and other bacteriaO157:H7 and other bacteria
2004 North Carolina State Fair 2004 North Carolina State Fair E. coliE. coli Outbreak Outbreak
180 reports of illness180 reports of illness 15 children with 15 children with
Hemolytic Uremic Hemolytic Uremic SyndromeSyndrome
33 fair attendees with 33 fair attendees with identical strainidentical strain
19 of 30 specimens 19 of 30 specimens obtained from petting obtained from petting zoo zoo E. coliE. coli-positive, and -positive, and PFGE match to ill PFGE match to ill patientspatients
2004 North Carolina State Fair 2004 North Carolina State Fair E. coliE. coli Outbreak Outbreak
Recommendations:Recommendations: Restrict direct contact with animalsRestrict direct contact with animals Reduce fecal contaminationReduce fecal contamination Reduce crowding in petting zoosReduce crowding in petting zoos
Many case-patients in this outbreak reportedly used hand-hygiene gels and nonetheless became ill. This suggests that fair managers and petting zoo owners should consider additional prevention and control measures at petting zoos to reduce risks of zoonotic disease transmission beyond providing hand-sanitizers.
2005 Florida 2005 Florida E. coliE. coli Outbreak Outbreak
Florida State FairFlorida State Fair
Central Florida Fair Central Florida Fair
Florida Strawberry Florida Strawberry FestivalFestival
Common Factor: AgVenture Farms Petting Zoo
2005 Florida 2005 Florida E. coliE. coli Outbreak Outbreak
First identified after First identified after cluster of HUS cases cluster of HUS cases reported to health reported to health departmentdepartment
22 confirmed22 confirmed 45 suspect45 suspect 6 secondary6 secondary 12 cases of HUS12 cases of HUS
““E. coliE. coli outbreak creates need for outbreak creates need for government regulation”government regulation”
May 2005 report for May 2005 report for the North Carolina the North Carolina Department of Health Department of Health and Human Servicesand Human Services
Terry Sanford Institute Terry Sanford Institute of Public Policy at of Public Policy at Duke UniversityDuke University
Policy RecommendationsPolicy Recommendations
Require barriers to separate patrons from animalsRequire barriers to separate patrons from animals Require warning signs that inform the public of Require warning signs that inform the public of
health riskshealth risks Strongly discourage at-risk populations from Strongly discourage at-risk populations from
attending petting zoosattending petting zoos Require hand washing facilitiesRequire hand washing facilities Require a minimum distance between petting zoos Require a minimum distance between petting zoos
and food servicesand food services Require daily cleaning of animal pensRequire daily cleaning of animal pens License petting zoosLicense petting zoos
Implementation OptionsImplementation Options
1)1) Prepare GuidelinesPrepare Guidelines Non-enforceableNon-enforceable Not legally bindingNot legally binding
2)2) Write RulesWrite Rules Enforceable on a Enforceable on a
complaint-only basiscomplaint-only basis Cannot be Cannot be
independently independently enforced by the stateenforced by the state
Implementation OptionsImplementation Options
3)3) Pursue Legislative ActionPursue Legislative Action Actively enforceableActively enforceable Legally bindingLegally binding
Aedin’s LawAedin’s Law
Passed by the North Carolina Legislature on Passed by the North Carolina Legislature on July 15, 2005July 15, 2005 Requires the commissioner of agriculture to Requires the commissioner of agriculture to
establish a permitting process and adopt rules establish a permitting process and adopt rules for animal exhibitions at state-sanctioned for animal exhibitions at state-sanctioned fairs.fairs.
Calls for educational campaign to inform Calls for educational campaign to inform agricultural fair operators, exhibitors, agri-agricultural fair operators, exhibitors, agri-tourism business operators and the public tourism business operators and the public about diseases associated with contact with about diseases associated with contact with animals.animals.
Dallas Morning NewsDallas Morning News
State Fair scraps petting zooState Fair scraps petting zoo Spiraling insurance costs citedSpiraling insurance costs cited
September 21, 2005 September 21, 2005 By KATIE MENZERBy KATIE MENZER
"We changed insurance companies this year, and the company"We changed insurance companies this year, and the company we switched to had a higher deductible on petting zoos," saidwe switched to had a higher deductible on petting zoos," said State Fair spokeswoman Sue Gooding. "The cost was State Fair spokeswoman Sue Gooding. "The cost was
prohibitiveprohibitive for us this year."for us this year."
PreventionPrevention Increase Education of Public on Risk of Increase Education of Public on Risk of
Animal ContactAnimal Contact Increase Ventilation of Buildings to Improve Increase Ventilation of Buildings to Improve
Air Flow per Approved StandardsAir Flow per Approved Standards Sanitize Walkways and RailingsSanitize Walkways and Railings Ban Food from Exhibit Hall and Areas Ban Food from Exhibit Hall and Areas
Surrounding Exhibit HallSurrounding Exhibit Hall Increase the Number of Hand Washing Increase the Number of Hand Washing
Stations and Encourage the Public to Use Stations and Encourage the Public to Use ThemThem
Prevention – Cont.Prevention – Cont. Admit only animals that have passed Admit only animals that have passed E. coliE. coli
O157:H7 screeningO157:H7 screening Limit airborne Limit airborne E. coliE. coli by by
Not moving soiled bedding during exhibit hours, Not moving soiled bedding during exhibit hours, Keeping stall areas damp with an approved Keeping stall areas damp with an approved
disinfectant, disinfectant, Preventing visitors from entering stall areas, Preventing visitors from entering stall areas, Preventing visitors from touching animalsPreventing visitors from touching animals
Increase signage that makes clear the need to Increase signage that makes clear the need to wash hands before entering and after leaving wash hands before entering and after leaving exhibits as well as the need to leave food or exhibits as well as the need to leave food or drink outside exhibitsdrink outside exhibits
And, add warnings at entrances:And, add warnings at entrances:
WARNINGAny contact with animals may
cause diarrhea, hemorrhagic colitis, renal failure, and death.
Enter at your own risk
Wash hands before and entering building – No food or drink
allowed.
Questions?Questions?
