All landowners, especially business owners, owe a duty of care to keep their property safe for those whom they invite onto their property. The extent of the duty owed to a visitor depends on the relationship between the landowner and the visitor, but as a general rule, the highest duty is owed to someone who visits for business purposes, i.e., a customer.
When a business owner fails to take adequate precautions to ensure safe premises, they may be liable for a visitor’s injuries through an Indiana premises liability lawsuit. However, a landowner’s duty is not absolute, and there are limitations. For example, in a recent case, an appellate court determined that a gas station was not required to continually clear ice that formed during a freezing rain storm and was able to wait until the storm subsided to begin clean-up efforts.
The Facts of the Case
The plaintiff in the case was a shuttle driver for a retirement community. On a freezing, rainy day, the plaintiff pulled into the defendant gas station to fill the shuttle up with gas. However, as the plaintiff stepped out of the shuttle, he slipped on ice that had formed during the storm.