PowerPoint Presentation on the Risks to Children at Petting Zoos

1. Washington State FairsWashington State Fairs
AssociationAssociation
October 28, 2005October 28, 2005

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. 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

9. 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

10. 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

11. 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

12. 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.

13. 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.

14. 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.

15. 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.

16. 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

17. 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

18. 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.

19. 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

20. 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

21. ““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

22. 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

23. 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

24. Implementation OptionsImplementation Options
3)3) Pursue Legislative ActionPursue Legislative Action
 Actively enforceableActively enforceable
 Legally bindingLegally binding

25. 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.

26. 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."

27. 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

28. 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:

29. 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.

30. Questions?Questions?