Auto Auction Disaster Injures Dozens
Twenty-seven unlucky people at an auto auction in Ellijay, Georgia got more than they bargained for at a car auction on Tuesday night when a Volvo that was being driven into the building to be auctioned off suddenly accelerated and plowed through the crowd, injuring a host of spectators. Fourteen of the auction-goers had to be taken to the hospital as a result of the incident and thirteen more were treated on the scene. Authorities reportedly believe the crash to be an accident, although no specific cause has yet been revealed.
The biggest risk most people expect to face when attending an auction is that someone across the room will be just a little more enthusiastic about buying an item than they are. They certainly don’t expect to get hurt, and only in their wildest dreams would attendees consider the possibility that a rogue vehicle would do its best Horace the Hate Bug impression and mow down the crowd. However, this kind of scenario is one which Tennessee law sometimes expects the persons or companies that host the auctions to consider. Tennessee law demands that an owner or occupier of a space use reasonable care to prevent harm to the patrons, visitors, or other persons who could foreseeably be on the property. Failure to do so may be negligent, and may expose the owner or occupier to premises liability for the damages or injuries sustained should something like the above scenario occur.
In a scenario like this one, some key considerations will hinge on whether a reasonable person would have foreseen the harm caused and the likelihood that such harm would occur. In other words, is the likelihood that a car driven in to be auctioned would suddenly accelerate (through mechanical failure, driver error, or some other unknown cause) and drive into the crowd great enough that a reasonable person should have taken steps to protect the crowd in case such an event occurred. If the answer is “yes,” then the owners of the land and the auction company may find themselves on the hook for the injuries and damages of over twenty-five victims.
Source: http://www.upi.com/Top_News/US/2010/02/17/Auto-auction-crash-leaves-dozens-hurt/UPI-60601266425351/
