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PetSmart Tiny Tales Habitats Allow Rodents to Escape Class Action

A family’s two hamsters chewed up their habitats and escaped. The complaint for this class action alleges that PetSmart, Inc.’s All Living Things Tiny Tales Small Pet Habitats are defective and useless. It claims breaches of warranty, among other things.

The complaint proposes two classes for this action:

  • The Nationwide Class is all citizens of the US who, within the statute of limitations, bought PetSmart’s Tiny Tales Homes.
  • The California Class is all citizens of California who, between September 10, 2015 and September 10, 2019, bought PetSmart’s Tiny Tales Homes.

PetSmart, Inc. calls itself “the largest specialty pet retailer of services and solutions for the lifetime needs of pets.” It has more than 1,600 stores throughout the US, Canada, and Puerto Rico, so customers expect the company to know about the animals and products it sells. The Tiny Tales units are supposedly made for hamsters, gerbils, and mice.

Plaintiff Todd Carpenter bought two hamsters and four Tiny Tales habitats as Christmas presents for his children. The units have tubes with connectors that allow them to be put together and allow the rodents to move from one unit to the other. Carpenter connected the four units into two pairs and put one hamster in each. 

One characteristic of rodents is that their front teeth keep growing throughout their lives. The teeth are very hard, and rodents must gnaw constantly to keep these teeth filed down to a usable size. They also gnaw if they are bored or anxious, and they can easily damage or destroy things made of wood or plastic.

The complaint alleges that PetSmart knew about rodents’ habit of chewing, not only because it claims to be an expert on pets, but also because it sells at least one chew toy for rodents. The complaint its description of the product as saying, “Encourage your pet’s natural desire to chew by adding this All Living Things Tiny Tales Wooden Slide Chew to his habitat. This fun chew comes in beautiful blue and is shaped like a fun slide, and is the perfect piece to satisfy your pet’s instinctive chewing urges.”

Unfortunately, the connectors of the Tiny Tales units have a ring that protrudes inside the habitat that is made of soft plastic. Rodents can chew this ring until it no longer functions and makes a proper connection. 

The complaint tells the sad story: “To the utter horror of Mr. Carpenter and his children, their pet hamsters—while housed in entirely separate sets of connected Tiny Tales homes—independently chewed apart numerous defective Connectors, causing the Transport Tubes to fail and become dislodged, thereby permitting the hamsters to escape.

“The hamsters were never found.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

PetSmart Tiny Tales Habitats Allow Rodents to Escape Complaint

September 10, 2019

A family’s two hamsters chewed up their habitats and escaped. The complaint for this class action alleges that PetSmart, Inc.’s All Living Things Tiny Tales Small Pet Habitats are defective and useless. It claims breaches of warranty, among other things.

petsmart_tiny_tales_homes_defect_compl.pdf

Case Event History

PetSmart Tiny Tales Habitats Allow Rodents to Escape Complaint

September 10, 2019

A family’s two hamsters chewed up their habitats and escaped. The complaint for this class action alleges that PetSmart, Inc.’s All Living Things Tiny Tales Small Pet Habitats are defective and useless. It claims breaches of warranty, among other things.

petsmart_tiny_tales_homes_defect_compl.pdf
Tags: Defective Product, Pet Habitats or Homes, Pets