Contributory Negligence in Indiana
State-specific overview · Tort Law
Indiana uses modified comparative negligence, barring recovery if you're 50% or more at fault.
How Indiana treats Contributory Negligence
Indiana follows modified comparative negligence under Indiana Code § 34-51-2-1, allowing recovery only if your negligence is less than the negligence of the defendant(s) against whom you seek recovery. If you are 50% or more at fault, you recover nothing. Your damages are reduced by your percentage of comparative fault.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.