Hablamos Español

Indiana Court Deems Grocery Store Landowner Not Responsible for Patrons’ Injuries in Parking Lot

Grocery Store

In the Case of Poppe v. Angell Enterprises, Inc., 169 N.E.3d 408 (Ind.App., 2021) a Grocery store’s landlord, who was responsible for maintaining the store’s parking lot, owed no duty to a patron because the landlord could not have known or reasonably foreseen that its patrons would be struck by an intoxicated driver in the store’s parking lot.

The plaintiffs were walking back to their van through the store’s crosswalk when they saw an oncoming car. They tried to get out of the way, but were pinned against the car and their van. The plaintiffs’ negligence claim alleged that they were injured by a condition on the land, namely, the funneling of pedestrian and vehicular traffic in the crosswalk without protective features. However, the Court instead found that the plaintiffs were injured by criminal conduct of the car owner who was driving while intoxicated. The court then applied the Goodwin analysis. In Goodwin, the Indiana Supreme Court held that foreseeability as a component of duty turns on the type of plaintiff and harm involved, with regard to the facts of the actual occurrence. Using that analysis, the type of plaintiff was a grocery store patron using a crosswalk and the type of harm was a random intoxicated driver losing control of his vehicle and hitting the patron.

Furthermore, the Indiana Court of Appeals held that a drunk driver losing control of a vehicle was not as a matter of law sufficiently foreseeable to require a grocery stores duty to protect its patrons from this type of unfortunate incident.

This analysis by the Court in Poppe shows that the landlord had no duty to protect the customers from being struck by an intoxicated driver, precluding their negligence claim against landlord and grocery store. The court ultimately held that it was not a condition on the premises that caused the customers to be injured but a random criminal act that landlord could not have prevented.

If you or a loved one have been affected by an accident or death, contact an experienced personal injury attorney at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a free and confidential consultation.

Contact Us For a Free Consultation Fill out the form below to receive a free and confidential initial consultation.


    This site is protected by reCAPTCHA. Google’s Privacy Policy and Terms of Service apply.

    FAQs
    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Case Worth

    As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

    Why Hire?

    Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

    Medical Bills

    If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of Hurst Limontes LLC and learn if we may be able to help.

    Recovery

    After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney