Baker v. Fenneman & Brown Properties, LLC
793 N.E.2d 1203 · Indiana Court of Appeals · 2003
Facts
Aaron Baker entered a Taco Bell in Newburgh, Indiana, to buy a drink. Feeling nauseous, he ordered a drink, then suddenly fell backward, hitting his head and losing consciousness, experiencing convulsions. There is a dispute over whether Taco Bell employees rendered assistance after this first fall. Moments after Baker stood up, he fell again, this time forward, losing consciousness, lacerating his chin, knocking out four front teeth, and cracking a neck vertebra. When he regained consciousness, he was choking on blood and teeth. Baker then stumbled out of the store to a friend, who arranged for him to be taken to the hospital.
Procedural history
Baker filed a complaint against Taco Bell, alleging breach of duty and gross negligence. Taco Bell moved for summary judgment, arguing it owed Baker no duty, which the trial court granted. Baker appealed the trial court's grant of summary judgment to the Court of Appeals.
Issue
Whether a business, such as Taco Bell, has a legal duty to assist a customer who falls and loses consciousness on its premises, even if the fall was not caused by any fault of the business.
Holding
The court held that Taco Bell did have a duty to provide reasonable assistance to Baker after he fell and lost consciousness. The trial court's grant of summary judgment was reversed and the case was remanded for trial, as there was a material question of fact regarding whether Taco Bell fulfilled this duty.
Rule
A possessor of land who holds it open to the public has a duty to members of the public who enter in response to its invitation to take reasonable action to give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others. This duty arises from the special relationship between the parties and applies even if the illness or injury is due to natural causes, accident, or the plaintiff's own negligence. The business is only required to provide reasonable care under the circumstances, typically involving basic first aid and summoning medical assistance.
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