Two lawsuits against Amazon regarding negligence are returning to trial court after the Indiana Supreme Court refused to transfer the cases. These lawsuits stem from separate incidents involving independent truck drivers who faced dangerous conditions near Amazon’s Greenfield warehouse.
The plaintiffs, Mahari Oukbu and the estate of Harvail Dhillon, accused Amazon of failing to provide adequate signage and guidance for contractors attempting to navigate to the facility. In September 2022, Oukbu survived being hit by a vehicle while trying to find directions, whereas Dhillon tragically died from injuries sustained in a similar incident a month later.
The Indiana Court of Appeals previously overturned a lower court’s dismissal, asserting that Amazon was aware of the hazards it created and failed to take appropriate measures to inform drivers. The appeals court emphasized that despite the incidents occurring outside Amazon’s property, the company still held a responsibility for the safety of individuals approaching the site.
Court documents reveal that both drivers had to park their vehicles on the road and walk towards the facility to seek directions due to inadequate signage. This situation created significant safety risks, leading to both accidents.
The lawsuits, specifically Oukbu v. Amazon Inc. and Dhillon’s estate v. Amazon Inc., highlight the issue of a property owner’s duty of care for those conducting business on their premises. In his decision, Chief Judge Robert Altice noted that Amazon’s negligence in handling safety conditions directly contributed to the danger faced by the drivers.
While Chief Justice Loretta Rush disagreed with the majority view and voted to consider the petitions for transfer, the rest of the justices supported the continuation of the litigation in trial court.
These cases shine a light on the critical need for companies to ensure safe access for workers and may set a precedent for future negligence claims regarding workplace safety outside of physical premises. The ongoing legal battles could lead to improved safety measures at Amazon facilities and similar businesses, ultimately benefiting drivers and contractors in the industry.