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If you are injured on someone else’s property or due to the negligence of a government employee in Indiana, the rules for getting compensation are very different from standard car accident cases. The State of Indiana provides extensive protections, known as immunities and limited liability statutes, to government entities, specific property owners, and certain types of businesses.
This guide explains how the Indiana Tort Claims Act (IC 34-13-3) and the state’s Limited Liability laws (IC 34-31) work, and what deadlines you must meet to save your case – information a premises liability lawyer can help you apply to your specific situation.
Suing the Government: The Indiana Tort Claims Act (IC 34-13-3)
You cannot sue a city, county, or state government in Indiana the same way you would sue a private company. The government enjoys “sovereign immunity,” meaning you can only sue them under the strict conditions they allow.
If you are injured by a city bus, slip and fall in a public building, or are hurt due to a government employee’s negligence, you must follow the Tort Claims Act.
1. Extremely Short Deadlines (Notice of Claim)
In a normal personal injury case, you have two years to file a lawsuit. But if a local government (like a city, county, or public school) is at fault, you have a fraction of that time to file a formal “Notice of Claim.”
Indiana Code Quote (IC 34-13-3-8(a)):
“Except as provided in section 9 of this chapter and subsection (b), a claim against a political subdivision is barred unless notice is filed with: (1) the governing body of that political subdivision… within one hundred eighty (180) days after the loss occurs.”
If your claim is against a state agency (like the Indiana Department of Transportation), you have slightly more time, but the rule is just as strict:
Indiana Code Quote (IC 34-13-3-6(a)):
“…a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs.”
If you miss these 180-day or 270-day deadlines, your claim is completely barred, and you will receive nothing.
2. Caps on Compensation and No Punitive Damages
Even if you win your case against the government, Indiana law strictly limits how much money you can receive, regardless of how severe your injuries are.
Indiana Code Quote (IC 34-13-3-4):
“(a) The combined aggregate liability of all governmental entities and of all public employees… does not exceed: … (1)(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and (2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).
(b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.”
3. Built-In Government Immunities
The law also lists dozens of specific scenarios where the government is completely immune from being sued. For example, under IC 34-13-3-3(a), the government is not liable for losses resulting from:
- “The natural condition of unimproved property”.
- “The temporary condition of a public thoroughfare or extreme sport area that results from weather.”
- “The performance of a discretionary function…”
Premises Liability and Business Immunities (IC 34-31)
Premises liability is the legal concept that property owners are responsible for injuries that occur on their land due to unsafe conditions (like a wet floor, broken stairs, or lack of security).
However, Indiana has passed a whole series of laws under Title 34, Article 31 (Limited Liability) that shield specific property owners and businesses from premises liability lawsuits.
Indiana Code Quote (IC 34-31-1-1):
“This article is not intended to be an exhaustive compilation of all limits on civil liability in the Indiana Code. In addition to the limits on liability that are recognized in this article, other limits on civil liability may be recognized in other provisions of the Indiana Code.”
While a standard grocery store might be fully liable if you slip on a wet floor, IC 34-31 creates special legal shields (limited liability) for certain activities and locations, including:
- Equine (Horse) Activities (Ch. 5)
- Roller Skating and Ice Skating Rinks (Ch. 6 & 6.5)
- Religious Organizations (Ch. 7)
- Agritourism Activities (Ch. 9)
- Injuries to Trespassers (Ch. 11)
- Recreational Facilities (Ch. 11.4)
If you are injured at one of these locations, the property owner may have statutory immunity unless you can prove gross negligence or intentional misconduct.
Other Civil Immunities (IC 34-30-1)
Indiana is known as a business-friendly state, and its legal code is filled with protections for volunteers, good samaritans, and corporations.
Indiana Code Quote (IC 34-30-1-1):
“This article is not intended to be an exhaustive compilation of all sources of immunity from civil liability in the Indiana Code. In addition to the immunities from civil liability that are recognized in this article, other immunities from civil liability may be found in other provisions of the Indiana Code.”
Because these legal shields are scattered throughout the law, insurance companies will often try to convince you that you have no case. You should never take legal advice from the defendant’s insurance adjuster.
Don’t Let Complex Immunity Laws Ruin Your Claim
If you were injured on a dangerous property or by a government entity in Indiana, the clock is already ticking. The 180-day Tort Claims notice deadline approaches incredibly fast, and navigating the state’s complex web of limited liability laws requires aggressive, experienced legal representation.
Official Legal Sources
To read the complete text of the Indiana Code regarding Tort Claims and Immunities, visit the official Indiana General Assembly website:
- IC 34-13-3: Tort Claims Against Governmental Entities
- IC 34-30-1: Immunities from Civil Liability
- IC 34-31-1: Limited Liability
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