Earlier this month, a California appellate court issued a written opinion in a liability case allowing a pedestrian injured while crossing the street to attend a church event to sue the church under a premises liability theory. The court explained that, while the general rule is that a landowner is not liable for injuries that occur off his or her premises, there are some situations where liability is appropriate.
The Facts of the Case
The plaintiff was attending an evening event at his local church. The church had a small parking lot located immediately adjacent to the building, but it often filled up. To ensure that attendees had ample room to park, the church arranged with a nearby business to allow church attendees to park in the business’ lot. The lot was across a busy street. There were crosswalks on either side of the block, but the parking lot was mid-block and so was the church, so the most straightforward way from the lot to the church to directly cross the five-lane road mid-block.
On the day in question, the plaintiff drove through the church’s main lot and was directed by volunteer parking attendants to go to the auxiliary lot across the street. As the plaintiff parked and left the lot toward the church, he was hit by a passing vehicle. The plaintiff sued the church, arguing that the placement of the auxiliary lot was dangerous and that the church failed to protect against the type of injury he sustained.