When our Indiana personal injury lawyers first read the headline referencing a “food truck” and an “explosion,” we assumed the latter was a figure of speech intended to punch up a story on the proliferation of the increasingly popular mobile cuisine, which took off around 2007 amid the economic recession. The industry grew 9 percent annually between 2010 and 2015. Unfortunately, the headline was referring to an actual explosion involving a food truck in June 2015 as it was stationed in the parking lot of an auto salvage yard in Indianapolis, where customers – including plaintiff – were being served.
The case history here is extensive, but the crux of the Indiana Court of Appeals’ decision in the defendants’ favor was that plaintiffs failed to prove defendant property owner could have reasonably foreseen the possibility of a food truck blowing up on-site. At first glance, that seems a reasonable position. However, it turns out there have been a number of serious – and even deadly – food truck explosions across the U.S. in recent years.
In June 2014 – a year almost to the day of the Indiana food truck explosion – a propane tank on a food truck in Philadelphia exploded while customers were being served. Local news reports indicated that the force of the blast sent the metal tank 50 feet into a nearby backyard and flames shooting up 200 feet into the air. As a result of that incident, a 42-year-old woman and her 17-year-old daughter who were inside the truck, were killed after suffering major burns across much of their bodies. Three bystanders – including a little girl – also sustained serious burns and others were hit by debris. An investigation later revealed the 70-year-old propane tank was improperly filled, resulting in a gas leak and ultimately the explosion. Continue reading