Megan Carroll v. Forewinds Garrisons Lake et al.

Case:
A teenager, under circumstances disputed by the Plaintiff and Defendants, stole a golf cart from the Defendant golf course operator. This was the first time a theft had occurred. The Plaintiff later became a passenger in the stolen golf cart. The driver of the stolen golf cart lost control of the vehicle, causing the vehicle to overturn and injure the Plaintiff.

The Plaintiff sued the Defendants on the basis that they did not adequately protect the public against golf cart theft, and should therefore be liable for the injuries. Plaintiff contended that the security measures taken by the golf course operator to secure the golf carts were insufficient. The Defendants filed for Summary Judgment on the basis that, under Delaware law, a vehicle owner is not held legally responsible for actions of the individual who stole the vehicle, unless the theft was ‘foreseeable,’ and this theft was not ‘foreseeable.’

Supreme Court Ruling:
Summary Judgment was granted, and the Delaware Supreme Court affirmed that liability against a vehicle owner can only be found when there are “exceptional circumstances” where “the risk is foreseeable.” The Court further affirmed that the Defendants had no reason to believe golf cart thefts would occur and, therefore, had no duty to protect against potential golf cart thefts beyond those measures they have already taken. The disagreement regarding the circumstances surrounding the theft was immaterial because, under either set of facts, the Defendants “did not owe a duty and cannot be liable for negligence.”

Takeaway:
This case serves as a reminder that in claims involving accidents with a stolen vehicle, the mere ownership is insufficient to impose legal liability. Insurers should carefully evaluate and determine whether any exceptional circumstances exist or if the risk of harm was foreseeable. Commercial owners/operators of businesses need only take reasonable security measures, so long as vehicle theft from the premises is not foreseeable.

To read the full decision, click here.

If you have any questions or would like additional information, please contact Reger Rizzo & Darnall Partner Paul Sunshine at psunshine@regerlaw.com or 302-477-7113.