Sec. 45. (a) "Fault", for purposes of IC 34-20, means an act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. The term includes the following:
(1) Unreasonable failure to avoid an injury or to mitigate damages.
(2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its repeal) that a person is subject to liability for physical harm caused by a product, notwithstanding the lack of negligence or willful, wanton, or reckless conduct by the manufacturer or seller.
(b) "Fault", for purposes of IC 34-51-2 and IC 34-51-6, includes any act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. The term also includes unreasonable assumption of risk not constituting an enforceable express consent, incurred risk, and unreasonable failure to avoid an injury or to mitigate damages.
[Pre-1998 Recodification Citations: subsection (a) formerly 33-1-1.5-10(a); subsection (b) formerly 34-4-33-2(a)(1).]
As added by P.L.1-1998, SEC.1. Amended by P.L.107-2018, SEC.1.
Structure Indiana Code
Title 34. Civil Law and Procedure
34-6-2-3.1. "Advanced Emergency Medical Technician"
34-6-2-3.3. "Advertiser or Sponsor"
34-6-2-8. "Agricultural Product"
34-6-2-8.2. "Agritourism Activity"
34-6-2-8.3. "Agritourism Provider"
34-6-2-10.4. "Arising From Covid-19"
34-6-2-10.5. "Arising (Or Arises) From a (Or The) State Disaster Emergency"
34-6-2-12. "Assisting Sheriff"
34-6-2-15. "Authorized Persons"
34-6-2-15.7. "Basic Life Support"
34-6-2-19. "Certified Copy of a Certificate of Title"
34-6-2-20. "Charitable Entity"
34-6-2-23. "College, University, or Junior College"
34-6-2-25. "Community Health Center"
34-6-2-26. "Community Mental Health Center"
34-6-2-27. "Community Intellectual Disability Center"
34-6-2-30. "Cost of the Periodic Payments Agreement"
34-6-2-31.5. "Covid-19 Protective Product"
34-6-2-32. "Criminal Organization"
34-6-2-32.5. "Cyber Liability"
34-6-2-34.3. "Domestic Animal"
34-6-2-34.5. "Domestic or Family Violence"
34-6-2-35. "Economically Feasible"
34-6-2-37. "Emergency Medical Technician"
34-6-2-38. "Employee" and "Public Employee"
34-6-2-42. "Equine Activity Sponsor"
34-6-2-43. "Equine Professional"
34-6-2-44. "Evaluation of Patient Care"
34-6-2-44.5. "Extreme Sport Area"
34-6-2-44.6. "Extreme Sport Equipment"
34-6-2-44.7. "Family Law Arbitrator"
34-6-2-44.8. "Family or Household Member"
34-6-2-46. "Fees or Other Expenses"
34-6-2-46.4. "Financial Interest"
34-6-2-46.5. "Fire Control or Protection Equipment"
34-6-2-48.3. "Foreign Judgment"
34-6-2-48.5. "Foreign Protection Order"
34-6-2-49. "Governmental Entity"
34-6-2-51. "Gratuitously Renders Emergency Care"
34-6-2-52. "Hazardous Substance"
34-6-2-54. "Health Care Provider"
34-6-2-55. "Health Care Services"
34-6-2-58. "Homeowners Association"
34-6-2-60. "Hospital Medical Record"
34-6-2-60.6. "Ice Skating Rink"
34-6-2-62. "Illegal Drug Market"
34-6-2-63. "Illegal Drug Market Target Community"
34-6-2-67. "Individual Drug User"
34-6-2-68.8. "Inherent Risks of Agritourism Activities"
34-6-2-69. "Inherent Risks of Equine Activities"
34-6-2-69.5. "Innocent Successor Corporation"
34-6-2-71.3. "Interested Party"
34-6-2-71.7. "Issuing State or Indian Tribe"
34-6-2-73. "Law Enforcement Costs"
34-6-2-73.3. "Law Enforcement Officer"
34-6-2-73.8. "Lifetime Sex or Violent Offender"
34-6-2-74.5. "Local Law Enforcement Authority"
34-6-2-77.1. "Manufacturer or Supplier"
34-6-2-80. "Mental Health Service Provider"
34-6-2-82. "Migrant Health Center"
34-6-2-83.8. "Monetary Consideration"
34-6-2-85. "Moving Traffic Violation"
34-6-2-86. "Municipal Corporation"
34-6-2-87.7. "Noneconomic Damages"
34-6-2-88.3. "Nonprofit Religious Organization"
34-6-2-94. "Partially Emancipated Minor"
34-6-2-97. "Participate in the Illegal Drug Market"
34-6-2-99. "Peer Review Committee"
34-6-2-101. "Period of Illegal Drug Use"
34-6-2-102. "Periodic Payments Agreement"
34-6-2-104. "Personnel of a Peer Review Committee"
34-6-2-108. "Place of Illegal Drug Activity"
34-6-2-109. "Place of Participation"
34-6-2-110. "Political Subdivision"
34-6-2-111. "Position of the Agency"
34-6-2-111.5. "Possessor of Land"
34-6-2-113. "Prejudgment Interest"
34-6-2-113.5. "Prior Civil Law and Procedure"
34-6-2-115. "Product Liability Action"
34-6-2-116. "Professional Health Care Organization"
34-6-2-117. "Professional Health Care Provider"
34-6-2-118. "Professional Staff"
34-6-2-121.4. "Protected Person"
34-6-2-121.6. "Protection Order" or "Order for Protection"
34-6-2-121.7. "Protection Order Records"
34-6-2-122. "Psychiatric Hospital"
34-6-2-127. "Qualified Director"
34-6-2-128. "Qualified Settlement Offer"
34-6-2-129.5. "Recreational Facility"
34-6-2-129.6. "Recreational User"
34-6-2-135. "Roller Skating Rink"
34-6-2-135.5. "Security Interest"
34-6-2-137. "Session of the General Assembly"
34-6-2-139. "Sports or Leisure Activity"
34-6-2-142.3. "Structured Settlement"
34-6-2-142.5. "Successor Asbestos Related Liability"
34-6-2-142.6. "Telecommunications"
34-6-2-143.8. "Transferor Corporation"
34-6-2-144.8. "Uninsured Motorist With a Previous Violation"
34-6-2-146. "Unreasonably Dangerous"
34-6-2-148.3. "Victim Advocate"
34-6-2-148.5. "Victim Notification Capabilities"