Claims in a PetSmart rodent cage class action were recently trimmed by a California judge who ruled that the plaintiff cannot bring nationwide allegations.
Plaintiff Todd Carpenter filed his PetSmart class action lawsuit in September 2019, alleging the pet supply store knowingly sold pet cages that allowed hamsters and gerbils to chew through the plastic and escape.
Carpenter sought to represent a nationwide Class of consumers who purchased the Living Things Tiny Tales Small Pet Habitats from PetSmart, but these claims were recently dashed by U.S. District Judge Cathy Ann Bencivengo.
Judge Bencivengo agreed with PetSmart’s bid to dismiss nationwide claims from the class action after finding that Carpenter did not have the standing necessary to bring claims for a nationwide Class under California law.
“That PetSmart sold some Tiny Tales Homes in California does not create a sufficient relationship between PetSmart and California such that it should be subject to specific personal jurisdiction in California for the claims of a nationwide class with no connection to California,” Judge Bencivengo determined.
Judge Bencivengo also noted that California court “has little interest in the claims of non-California plaintiffs.” However, she did state that Carpenter could bring claims on behalf of a nationwide Class in another, more appropriate jurisdiction.
Regardless, the judge found that Carpenter lacks standing to bring claims under state laws other than those in California. He reportedly lacks standing because he has not suffered any injuries that could be linked to these laws.
Both Carpenter and PetSmart have until March 16 to prove why the class action should stay in the Southern District of California.
In his PetSmart class action lawsuit, Carpenter argues that the Living Things Tiny Tales Small Pet Habitats are defective. The rodent cages, which come in a variety of styles such as Comfy House, Country Barn, Barn Silo, Rocket Ship, Amusement Park, Castle, Castle Turret, Race Car, Clubhouse, and Playground, can reportedly be linked together by soft plastic tubes.
Allegedly, the tubes can be chewed through by rodents in their quest for freedom.
Carpenter claims he purchased four of these pet cages to connect to larger cages which previously housed his children’s two hamsters. However, to “the utter horror of Mr. Carpenter and his children,” these Christmas presents reportedly resulted in the hamsters chewing through the connecting tubes and escaping. Carpenter’s children were “completely devastated and deeply saddened,” according to his complaint.
The PetSmart class action lawsuit claims that the pet supply store knew or should have known that the hamster cages were defective. Numerous consumers have allegedly left reviews and complaints on PetSmart’s website. Despite these reports, PetSmart has allegedly continued to sell the products to unknowing consumers.
Did you purchase a hamster or gerbil cage from PetSmart? Did your pet break free from the cage? Share your experiences in the comment section below.
Carpenter and the proposed Class are represented by Christopher D. Moon and Kevin O. Moon of Moon Law APC.
The PetSmart Rodent Cage Class Action Lawsuit is Carpenter v. PetSmart Inc., Case No. 3:19-cv-01731, in the U.S. District Court for the Southern District of California.
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17 thoughts onJudge Trims PetSmart Escapee Hamster Class Action
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We purchased the country barn in Illinois. Our Syrian hamster was able to stand on the top platform and easily push out the corner of the door to escape. There is no tension on the corners of the door and the upper platform lines up just right for the hamster to push on it and get out. Our poor hamster consumed D-con before we were able to catch her and now we just wait for her to die. She was a present for my six year old son.
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I purchased a hamster and castle cage which lasted exactly 3 days I kept wondering what was going on with the handle it was getting shorter n shorter, until 1 day we was all watching the hamster and come to find out he was nabbling on it, so when I took him out the cage plastic was every wear I tried returning it back to pet smart and they would not let me return it because they did not believe the hamster had done that to the cage.
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I purchased a cage along with a hamster from petsmart for my daughter’s 10th birthday 12/28/2019. The hamster died 3 days later… It had a fall from the plastic tubes that collapse from the princess cage i purchased. My daughter still talks about “princess”…
Last year I bought a tiny tales cage for my son’s hamster and the hamster not only chewed thru the rubber pieces that connect the tubes but also the clasp that you press down to open and close the gate to the cage causing her to “escape” and deeming it unusable. So it was a COMPLETE WASTE OF MONEY.
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I currently have the castle hamster cage and we have experienced the same issue. The hamster was able to chew through the plastic pieces. We paid a good amount for this cage too.
Yes. About 8 years ago, we purchased a robo hamster, cage, accessories, and food as a way for my daughter to learn more responsibility. It was an all-around crazy experience. He turned out to be a she when a litter of babies was found writhing around in her cage. One of the babies was demented. The mother had escaped from the cage and was lost in our home for over 6 months. Every now and then, we’d see some chewed up tissue or cardboard in the corner underneath the dresser.
Meanwhile, back in the cage, demented robo did the most terrifying thing I had ever expected a hamster could do. He had taken a fatal bite out of his sibling. I won’t go any further into the details. He ended up loose in the house as well, probably gaining feral attributes amongst his dementedness. I cannot even recall exactly all that had happened. He ended up back in his cage, then out again. The mother was finally captured and had died not long after. After he’d killed his last brother and was the only one left in the cage, I went ahead and allowed him outside. Not under my roof. I’ll never get another hamster again.