Sec. 1. (a) Except as provided in subsection (b), a person who in good faith makes a gift of a food item, an agricultural product, or livestock to a charitable entity is not liable for civil damages arising from the use, condition, quality, or content of that food item, agricultural product, or livestock, unless the damages are the result of that person’s intentional, knowing, or reckless misconduct (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2(a) through IC 35-41-2-2(c)).

lawyer at desk

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 34-30-5-1

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
     (b) This section does not apply to a person who makes a gift of a food item to a charitable entity if the use, condition, or quality of the food item results in damages from the person’s intentional, knowing, or reckless violation of a food safety law under IC 15-17-5, IC 15-18-1, or IC 16-42 (in accordance with the definitions of intentionally, knowingly, and recklessly set out in IC 35-41-2-2(a) through IC 35-41-2-2(c)).

[Pre-1998 Recodification Citation: 34-4-12.5-2.]

As added by P.L.1-1998, SEC.26. Amended by P.L.42-2011, SEC.70; P.L.155-2013, SEC.3.

  Previous section
Next section  
 Chapter 5 Contents