793 N.E.2d 1225 (Ind. Ct. App. 2003)
Baker v. Fenneman is a leading modern case on affirmative duties, carving out a clear obligation for businesses to render reasonable assistance to customers who fall ill or are injured on the premises.
Does a business that holds its premises open to the public owe a duty to take reasonable action to aid or protect a business invitee who becomes ill or is injured on the premises, even when the business did not cause the medical emergency?
Yes. Under Restatement (Second) of Torts § 314A and Indiana's duty framework, a possessor of land who holds it open to the public owes invitees an affirmative duty to take reasonable action to aid or protect them when they become ill or injured on the premises. The duty is limited to reasonable steps under the circumstances, such as promptly summoning medical assistance and taking reasonable measures to prevent further harm, and does not require providing professional medical treatment or putting employees at risk.
The Indiana Court of Appeals held that a business owes a duty to take reasonable steps to aid or protect a business invitee who becomes ill or is injured on its premises, even if the business did not cause the emergency. The court reversed summary judgment for the defendant and remanded for further proceedings.
Baker is a foundational case on affirmative duties and premises liability, frequently used to teach the special-relationship exception to the no-duty-to-rescue rule. It clarifies that businesses must provide reasonable assistance to patrons experiencing medical emergencies, even when the business is not at fault for the initial illness or injury. For students, the case illustrates how courts integrate the Restatement with state duty analyses, balance foreseeability and policy, and cabin the scope of affirmative duties to steps like summoning medical aid and preventing further harm.