When an individual suffers an injury at an Indiana business, they should explore all possible avenues of relief against all potentially liable parties. In addition to the person or entity that is directly responsible for their injuries, Indiana injury victims should consider third-parties, who also contributed to the damages they sustained. In some cases, business owners may be accountable under a negligent entrustment theory when an injury results from a dangerous instrumentality.
For example, recently, a state appellate court issued an opinion in a case stemming from injuries a woman suffered at a grocery store. Among other issues, the woman filed a negligent entrustment claim against the grocery store when a customer driving a motorized cart struck her. The woman alleged that the grocery chain provided the cart to customers without any instruction or warnings and assumed that the drivers knew how to operate the cart. The lower trial court found in favor of the woman; however, the appellate court ultimately concluded that the woman did not meet the causation element of a negligent entrustment case. Further, they held that she could not prove that the store should have known that the driver would operate the cart negligently or recklessly.
An individual or entity may be liable under the theory of negligent entrustment when they allow a person to operate a dangerous instrumentality, and that person causes an injury to a third party while using that instrumentality. Often, these cases arise when a person entrusts someone with a vehicle or a firearm. Victims in these cases can prevail based on the idea that the person entrusting the item to the negligent party should have known that the person could harm others with the object based on the negligent party’s inexperience or age.