How does comparative fault work in Indiana?
1. Negligence Elements. Indiana negligence requires duty, breach, proximate cause, and damages (Webb v. Jarvis, 575 N.E.2d 992). Duty analysis weighs relationship, foreseeability, and public policy.
2. Comparative Fault Regime. Ind. Code § 34-51-2-6: "any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages... but does not bar recovery, except as provided in section 6." Section 34-51-2-6(a) bars recovery if claimant's fault is "greater than fifty percent (50%)." A 50% plaintiff still recovers. Note: comparative fault under Indiana Comparative Fault Act does not apply to governmental entities (§ 34-51-2-2), which retain contributory negligence rule.
3. Joint and Several Liability. Ind. Code § 34-51-2-8 — defendants are severally liable for their allocated percentage. Each defendant pays in proportion to fault assessed by jury. Nonparties may be added per § 34-51-2-14.
4. Last Clear Chance / Sudden Emergency. In comparative fault cases, doctrines subsumed. In governmental defendant cases (contributory), last clear chance survives. Sudden emergency remains.
5. Settling Tortfeasors. Ind. Code § 34-51-2-19 — settlement reduces claim by greater of consideration paid or settling party's percentage of fault.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (Ind. Code § 34-11-2-4). Med-mal occurrence-based SOL is 2 years (§ 34-18-7-1). Construction repose is 10 years (§ 32-30-1-5). Product liability repose is 10 years (§ 34-20-3-1).
7. Caps. Indiana Medical Malpractice Act caps total damages at $1,800,000 per occurrence (Ind. Code § 34-18-14-3) for acts after 2019, with provider liability capped at $500,000 (Patient Compensation Fund covers excess). Punitive damages capped at greater of $50,000 or 3× compensatory (§ 34-51-3-4); 75% goes to state Violent Crime Victims Fund.
8. Wrongful Death Comparative. Ind. Code § 34-23-1 wrongful death applies comparative fault; decedent's fault reduces or bars recovery.
9. Worker Injuries. Ind. Code § 22-3-2-6 WC exclusivity. Third-party suits subject to comparative fault.
This is legal information, not legal advice.
- Med-mal case requiring Patient Compensation Fund procedure under § 34-18
- Claim against governmental entity where contributory negligence (not comparative) applies
- Multi-defendant case requiring timely § 34-51-2-14 nonparty designations
- Ind. Code § 34-51-2-6
- Ind. Code § 34-51-2-8
- Ind. Code § 34-18-14-3
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.