When someone commits a crime on commercial property, injured victims often ask whether the property owner shares responsibility. The Indiana Supreme Court is now considering that question in a lawsuit arising from the 2022 Greenwood Park Mall shooting. Its answer could affect injury claims against businesses statewide.
What the Greenwood Park Mall Lawsuit Involves
In July 2022, a gunman opened fire in the mall’s food court. Three people were killed. Others were hurt, including a young woman shot in the leg while sitting with her sister.
Her family sued Simon Property Group, the mall’s Indianapolis-based owner, along with its contracted security company. They allege the gunman walked in carrying a large backpack of weapons and spent more than an hour in a restroom before the attack. Wrongful death suits filed by the victims’ families are on hold until the justices decide this case, the Indiana Capital Chronicle reported.
The Legal Question Before the Court
This appeal isn’t about who wins at trial. It is about whether the case can proceed at all.
The defendants sought dismissal, arguing they owed patrons no duty because shootings are unforeseeable as a matter of law. According to the Indiana Supreme Court’s case summary, the trial court refused, finding the complaint gave proper notice of the family’s claims, and the Court of Appeals affirmed.
Why Foreseeability Matters
Indiana businesses owe their customers reasonable care. When harm comes from a third party’s crime, that duty usually depends on whether the type of harm was foreseeable. Businesses often argue random violence can’t be predicted. Injured people point to warning signs, past incidents, and the security a company chose to provide.
The family wants the chance to gather evidence, including what security staff could see on camera.
What This Case Could Mean for Injured Visitors
A ruling for the mall could make it harder for injured people to move past a lawsuit’s earliest stage. A ruling for the family would allow a closer look at what a property owner knew.
Facts That Often Shape These Claims
Regardless of how the court rules, negligent security claims in Indiana tend to turn on a similar set of facts:
- Prior criminal activity on or near the property
- Whether security staff were present, trained, and attentive
- Camera coverage and whether anyone was monitoring it
- Entrances, lighting, and posted safety policies
- Contracts between owners and outside security firms
Much of this evidence doesn’t last. Video is often overwritten, and incident reports are rarely shared voluntarily. Preserving those records is one of the first steps an Indianapolis, IN premises liability lawyer will take.
Getting Answers After an Injury on Someone Else’s Property
Negligent security claims involve another person’s criminal conduct, and businesses defend them hard. Still, owners who ignore reasonable precautions can be held accountable. A premises liability lawyer in Indianapolis can review the circumstances and explain how Indiana law applies.
If you or a loved one was injured because a business failed to keep its property reasonably safe, Pavlack Law, LLC can review what happened and explain your options. Contact our team to arrange a time to talk.
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