Negligence in Indiana
State-specific overview · Tort Law
Indiana applies modified comparative negligence, preventing recovery if the plaintiff's negligence is equal to or exceeds the defendant's negligence.
How Indiana treats Negligence
Indiana recognizes negligence under traditional principles and follows a modified comparative negligence standard codified in Indiana Code § 34-51-2-1. A plaintiff cannot recover damages if their negligence is as great as or greater than the combined negligence of all defendants. If the plaintiff is less than 50% at fault, damages are reduced by the plaintiff's percentage of fault. Indiana courts apply this rule strictly, and the burden typically falls on the defendant to raise comparative negligence as an affirmative defense.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.