§ 34-6-2-45 Fault

Codes > Indiana Code > Title 34 > Article 6 : Chapter 2 > 34-6-2-45 Fault

34-6-2-45 “Fault”

    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, 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.