modified comparative negligence

Indiana’s Comparative Fault Law

The legal system in Indiana assigns liability in proportionate amounts according to the fault of the parties. Multiple parties may be held responsible for what happened to you. Their insurance companies may be required to pay compensation based on the amount of fault each party has been assigned.

Modified Comparative Fault

In modified comparative fault states such as Indiana, you can collect damages if the court determines that you are less than 51 percent responsible. Comparative fault applies in all other types of claims, such as car wrecks, construction accidents, and fall cases.

Comparative Fault Can be Dismissed

Comparative fault comes into play when insurance adjusters or a jury or judge determine that the property owner’s negligence led to the condition that led to the accident. Evidence could prove the property owner did his or her fair share of due diligence in warning people about the hazards and making efforts to eliminate them as soon as possible, which can lead to a dismissal of the injury claim.

indiana comparative negligence law

Contributory Fault Applies with State Entities

Except for actions against the State of Indiana or any of its political subdivisions, in which case contributory fault still applies, Indiana adopted a “modified” version of comparative fault that limits the plaintiff to recover only if his percentage of fault does not exceed the percentage of fault of the defendant. In other words, if the plaintiff is over 50% at fault then he recovers nothing. This standard has proven to be much fairer and has changed the landscape of litigation in these matters.