If you have children, you may have noticed that in recent years, whether it is because of growing curiosity about our food supply chain or evolving business models for farmers, agritourism has seen an expeditious rise (education and entertainment related to farming).
The largest increase within the space has been petting zoos. While many of it appears to be innocent enough, there are times where companies fail to take even the simplest of measures to ensure the safety of those participating in these events.
Our client, nine years old, was attending his cousin’s birthday party when a petting zoo company began to unveil animals that the children would be permitted to pet and hold. Among them was a “non-aggressive” snake, in the words of the handler. The minor, being curious and previously a fan of snakes, volunteered to hold the snake.
Within seconds the snake lunged towards our clients face and bit him on the top of his head, leaving four conspicuous fang marks. Luckily, the snake was not poisonous and the physical puncture wounds healed within weeks. Not so fortunate was the emotional and psychological effect it had on our client. The minor had to undergo counseling to overcome a significant increase in nightmares and a fear of all animals.
Initially, the insurance company for the petting zoo denied any liability, citing the waiver forms all the parents were required to sign. Then after bringing to their attention the fact that their insured failed to undergo many of the companies own safety policies (including what they referenced as “pre-req checks” for all the animals), the insurance company once again denied any “damages” as our client’s family was not personally charged for the treatment sessions. After consulting with the minor’s physician directly, we were able to obtain an extensive physician authored report that detailed all of the ways our client had struggled educationally, socially, and emotionally since the occasion. It was only then that we were finally able to obtain a confidential settlement that fully acknowledges what our client had been through.
