Indiana Code 34-6-2-45. “Fault”
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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:
(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.
(1) Unreasonable failure to avoid an injury or to mitigate damages.
Terms Used In Indiana Code 34-6-2-45
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.