Judge Trims PetSmart Escapee Hamster Class Action

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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