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2005 washington fair assoc

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PowerPoint Presentation on the Risks to Children at Petting Zoos

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2005 washington fair assoc

  1. 1. Washington State FairsWashington State Fairs AssociationAssociation October 28, 2005October 28, 2005
  2. 2. 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  bmarler@marlerclark.combmarler@marlerclark.com  Kenneth D. RennerKenneth D. Renner  Miller & Wagner LLPMiller & Wagner LLP  KDR@miller-wagner.comKDR@miller-wagner.com
  3. 3. 2002 Lane County Fair2002 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
  4. 4. 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 youngestSlight increased risk among youngest cases with touching the ground incases with touching the ground in goat/sheep areagoat/sheep area
  5. 5. Sampling ResultsSampling Results  EnvironmentalEnvironmental samples weresamples were positive forpositive for E. coliE. coli O157:H7 - all from upO157:H7 - all from up under ceilingunder ceiling  PFGE match to all illPFGE match to all ill person casesperson cases
  6. 6. ConclusionsConclusions  No evidence that not washing hands wasNo evidence that not washing hands was related to risk of illnessrelated to risk of illness  No evidence for “traditional” animalNo 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 airbornelikely airborne E. coliE. coli  Exposure in small animal building - mostExposure in small animal building - most likely goat/sheep arealikely goat/sheep area
  7. 7. 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.
  8. 8. 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.
  9. 9. 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.
  10. 10. 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.
  11. 11. E. coliE. coli Illnesses at FairsIllnesses at Fairs  Over 20 outbreaks associated with petting zoosOver 20 outbreaks associated with petting zoos and fairs reported since 1995and fairs reported since 1995  Hundreds of illnesses and the development ofHundreds of illnesses and the development of HUS - Linked to human-animal contact, air-orHUS - Linked to human-animal contact, air-or dust-bornedust-borne E. coliE. coli O157:H7 and other bacteriaO157:H7 and other bacteria
  12. 12. 2004 North Carolina State Fair2004 North Carolina State Fair E. coliE. coli OutbreakOutbreak  180 reports of illness180 reports of illness  15 children with15 children with Hemolytic UremicHemolytic Uremic SyndromeSyndrome  33 fair attendees with33 fair attendees with identical strainidentical strain  19 of 30 specimens19 of 30 specimens obtained from pettingobtained from petting zoozoo E. coliE. coli-positive, and-positive, and PFGE match to illPFGE match to ill patientspatients
  13. 13. 2004 North Carolina State Fair2004 North Carolina State Fair E. coliE. coli OutbreakOutbreak  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.
  14. 14. 2005 Florida2005 Florida E. coliE. coli OutbreakOutbreak  Florida State FairFlorida State Fair  Central Florida FairCentral Florida Fair  Florida StrawberryFlorida Strawberry FestivalFestival Common Factor: AgVenture Farms Petting Zoo
  15. 15. 2005 Florida2005 Florida E. coliE. coli OutbreakOutbreak  First identified afterFirst identified after cluster of HUS casescluster of HUS cases reported to healthreported to health departmentdepartment  22 confirmed22 confirmed  45 suspect45 suspect  6 secondary6 secondary  12 cases of HUS12 cases of HUS
  16. 16. ““E. coliE. coli outbreak creates need foroutbreak creates need for government regulation”government regulation”  May 2005 report forMay 2005 report for the North Carolinathe North Carolina Department of HealthDepartment of Health and Human Servicesand Human Services Terry Sanford InstituteTerry Sanford Institute of Public Policy atof Public Policy at Duke UniversityDuke University
  17. 17. Policy RecommendationsPolicy Recommendations  Require barriers to separate patrons from animalsRequire barriers to separate patrons from animals  Require warning signs that inform the public ofRequire warning signs that inform the public of health riskshealth risks  Strongly discourage at-risk populations fromStrongly discourage at-risk populations from attending petting zoosattending petting zoos  Require hand washing facilitiesRequire hand washing facilities  Require a minimum distance between petting zoosRequire 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
  18. 18. Implementation OptionsImplementation Options 1)1) Prepare GuidelinesPrepare Guidelines  Non-enforceableNon-enforceable  Not legally bindingNot legally binding 2)2) Write RulesWrite Rules  Enforceable on aEnforceable on a complaint-only basiscomplaint-only basis  Cannot beCannot be independentlyindependently enforced by the stateenforced by the state
  19. 19. Implementation OptionsImplementation Options 3)3) Pursue Legislative ActionPursue Legislative Action  Actively enforceableActively enforceable  Legally bindingLegally binding
  20. 20. Aedin’s LawAedin’s Law  Passed by the North Carolina Legislature onPassed by the North Carolina Legislature on July 15, 2005July 15, 2005  Requires the commissioner of agriculture toRequires the commissioner of agriculture to establish a permitting process and adopt rulesestablish a permitting process and adopt rules for animal exhibitions at state-sanctionedfor animal exhibitions at state-sanctioned fairs.fairs.  Calls for educational campaign to informCalls for educational campaign to inform agricultural fair operators, exhibitors, agri-agricultural fair operators, exhibitors, agri- tourism business operators and the publictourism business operators and the public about diseases associated with contact withabout diseases associated with contact with animals.animals.
  21. 21. Dallas Morning NewsDallas Morning News  State Fair scraps petting zooState Fair scraps petting zoo  Spiraling insurance costs citedSpiraling insurance costs cited  September 21, 2005September 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 wasState Fair spokeswoman Sue Gooding. "The cost was prohibitiveprohibitive  for us this year."for us this year."
  22. 22. PreventionPrevention  Increase Education of Public on Risk ofIncrease Education of Public on Risk of Animal ContactAnimal Contact  Increase Ventilation of Buildings to ImproveIncrease 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 AreasBan Food from Exhibit Hall and Areas Surrounding Exhibit HallSurrounding Exhibit Hall  Increase the Number of Hand WashingIncrease the Number of Hand Washing Stations and Encourage the Public to UseStations and Encourage the Public to Use ThemThem
  23. 23. Prevention – Cont.Prevention – Cont.  Admit only animals that have passedAdmit only animals that have passed E. coliE. coli O157:H7 screeningO157:H7 screening  Limit airborneLimit airborne E. coliE. coli byby  Not moving soiled bedding during exhibit hours,Not moving soiled bedding during exhibit hours,  Keeping stall areas damp with an approvedKeeping 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 toIncrease signage that makes clear the need to wash hands before entering and after leavingwash hands before entering and after leaving exhibits as well as the need to leave food orexhibits as well as the need to leave food or drink outside exhibitsdrink outside exhibits  And, add warnings at entrances:And, add warnings at entrances:
  24. 24. WARNIN GAny 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.
  25. 25. Questions?Questions?

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