Comparative Fault of Governmental Subdivisions - I.C. § 34-51-2-2

Contributory negligence remains a complete defense to claims under the Tort Claims Act.

 

Comparative Fault Set-off - I.C. § 34-51-2-5

Contributory fault of a claimant acts to proportionately reduce the total damages for an injury by the claimant’s contributory fault.

 

Contributory Negligence as Complete Defense - I.C. § 34-51-2-6

Contributory negligence is a complete defense if a claimant’s contributory fault is greater than the fault of all other persons whose fault proximately contributed to the claimant’s damages.

 

Intentional Torts - I.C. § 34-51-2-10

A plaintiff may recover 100% of the compensatory damages in a civil action for an intentional tort from a defendant who was convicted after a prosecution based on the same evidence.

 

Contribution and Indemnity - I.C. § 34-51-2-12

In an action under this chapter, there is no right of contribution among tortfeasors. The right of indemnity is unaffected by this section.

 

Nonparty Defense - I.C. § 34-51-2-14

In an action based on fault, a defendant may assert that the damages of the claimant were caused in full or in part by a nonparty.

 

Nonparty Defense - I.C. § 34-51-2-15

The burden of proving a nonparty defense is upon the defendant who must affirmatively plead the defense.

 

Nonparty Defense - I.C. § 34-51-2-16

A nonparty defense must be pled if known. Nonparty defenses which become known must be raised with reasonable promptness. If the summons and complaint was served more than 150 days prior to the expiration of the claimant’s statute of limitations, nonparty defenses must be pled no later than 45 days prior to the expiration of that limitation of action; however, the trial court may alter these time limits to allow defendants a reasonable opportunity to discover the existence of a nonparty defense and allow the claimant a reasonable opportunity to add the nonparty as an additional defendant prior to the expiration of the period of limitations applicable to the claim.

 

Products Liability Actions - I.C. § 34-20-1-1

The article governs all actions that are brought by a user or consumer against a manufacturer or seller for physical harm caused by a product regardless of the substantive legal theory or theories upon which the action is brought.

 

Product Liability - I.C. § 34-20-2-1

Liability exists for an unreasonably dangerous or defective product if seller should reasonably foresee the consumer or class of persons being exposed to the harm caused by the defective condition, the seller is engaged in the business of selling the product and it reaches the user or consumer without substantial alteration.

 

Products Liability - I.C. § 34-20-2-2

An action can be maintained even though reasonable care was used in the manufacture and preparation of the product and there is no privity of contract. However, reasonable care is a defense to design defect claims and those for failure to provide adequate warnings.

 

Strict Product Liability - I.C. § 34-20-2-3

An action for strict product liability for a unreasonably dangerous defective condition may only be brought against the manufacturer.

 

Product Manufacturers - I.C. § 34-20-2-4

If a court cannot gain jurisdiction over a manufacturer, then the manufacturer’s principal distributor or seller who the court can gain jurisdiction will be deemed the manufacturer of the product.

 

Indemnity in Product Liability Actions - I.C. § 34-20-9-1

A party held liable may seek indemnity from other persons whose actual fault caused the product to be defective.

 

Wrongful Death - I.C. § 34-23-1-1

Requires an action in wrongful death to be maintained by the personal representative of the decedent and to have been able to have been prosecuted by the decedent had the decedent lived.

 

Limitation of Certain Wrongful Death Damages - I.C. § 34-23-1-2(d)

The type of damages in subsection (c)(3)(A) (reasonable medical, hospital, funeral and burial expenses) are limited to $300,000.