reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 6.5. Limited Liability for Ice Skating Rinks › 34-31-6.5-4. Ice Skaters Presumed to Know Risks of Ice Skating

Sec. 4. (a) Ice skaters are considered to:
(1) have knowledge of; and
(2) assume;
the risks of ice skating.
(b) For purposes of this chapter, risks of ice skating include the following:
(1) Injuries that result from collisions or incidental contact with other ice skaters or other individuals who are properly on the skating surface.
(2) Injuries that result from falls caused by loss of balance.
(3) Injuries that involve objects or artificial structures that:
(A) are properly within the intended path of travel of the ice skater; and
(B) are not otherwise attributable to an operator's breach of the operator's duties or responsibilities under section 2 of this chapter.
As added by P.L.77-2013, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 6.5. Limited Liability for Ice Skating Rinks › 34-31-6.5-5. Assumption of Risk Is Complete Defense; Exceptions

Sec. 5. (a) Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 4 of this chapter is a complete defense to an action against an operator by an ice skater for injuries and property damage resulting from the assumed risks.
(b) The following applies if an operator has violated any one (1) of the operator's duties or responsibilities under section 2 of this chapter:
(1) The complete defense against an action against an operator under subsection (a) does not apply.
(2) The provisions of IC 34-51-2-6 apply.
As added by P.L.77-2013, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 7. Premises Liability of Religious Organizations › 34-31-7-0.1. Application of Chapter

Sec. 0.1. The addition of this chapter by P.L.149-2005 applies only to a cause of action that accrues after June 30, 2005.
As added by P.L.220-2011, SEC.572.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 7. Premises Liability of Religious Organizations › 34-31-7-2. Duties of Nonprofit Religious Organizations

Sec. 2. Except as provided in section 3 of this chapter, a nonprofit religious organization has only the following duties concerning persons who enter premises owned, operated, or controlled by the nonprofit religious organization and used primarily for worship services:
(1) If a person enters the premises with the actual or implied permission of the nonprofit religious organization, the nonprofit religious organization has a duty to:
(A) warn the person of a hidden danger on the premises if a representative of the nonprofit religious organization has actual knowledge of the hidden danger; and
(B) refrain from intentionally harming the person.
(2) If a person enters the premises without the actual or implied permission of the nonprofit religious organization, the nonprofit religious organization has the duty to refrain from intentionally harming the person.
As added by P.L.149-2005, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 7. Premises Liability of Religious Organizations › 34-31-7-3. Duties Concerning Childcare Services at Nonprofit Religious Organizations

Sec. 3. (a) As used in this section, "premises" means a part of a building that is:
(1) used primarily for worship services;
(2) owned, operated, or controlled by a nonprofit religious organization; and
(3) used for purposes of providing childcare services for which a fee is charged.
(b) If a customer who purchases childcare services or the customer's child enters the premises for the purpose of receiving fee based childcare services, with the actual or implied consent of the childcare provider or nonprofit religious organization, the childcare provider and nonprofit religious institution have the duty to:
(1) warn the customer or the customer's child of a hidden danger on the premises if a representative of the childcare provider or the nonprofit religious institution has actual knowledge of the hidden danger;
(2) refrain from intentionally harming the customer or the customer's child; and
(3) inspect the premises for dangerous hazards and defects, and correct any dangerous hazard or defect within a reasonable period of time after becoming aware of the existence of the dangerous hazard or defect.
As added by P.L.149-2005, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-1. "Asbestos Claim"

Sec. 1. As used in this chapter, "asbestos claim" means any claim for damages, losses, indemnification, contribution, or other relief concerning asbestos, including:
(1) a claim relating to the health effects of exposure to asbestos, including:
(A) personal injury;
(B) death;
(C) mental injury;
(D) emotional injury;
(E) risk of disease or other injury; or
(F) the costs of medical monitoring or surveillance;
(2) a claim made by or on behalf of any person exposed to asbestos, including a claim of a:
(A) representative;
(B) spouse;
(C) parent;
(D) child; or
(E) other relative;
of a person exposed to asbestos; and
(3) a claim for damage or loss caused by the:
(A) installation;
(B) presence; or
(C) removal of asbestos.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-2. "Corporation"

Sec. 2. As used in this chapter, "corporation" means a corporation for profit, including a domestic corporation organized under Indiana law or a foreign corporation organized under the law of a jurisdiction other than Indiana.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-3. "Innocent Successor Corporation"

Sec. 3. (a) As used in this chapter, "innocent successor corporation" means a corporation that:
(1) assumes;
(2) incurs;
(3) has assumed; or
(4) has incurred;
successor asbestos related liability and became a successor corporation due to a merger or consolidation with another corporation before January 1, 1972.
(b) The term includes a corporation into which an innocent successor corporation is at any time subsequently merged or consolidated.
(c) The term does not include a corporation that, after a merger, a consolidation, or the exercise of control or the ownership of stock of the corporation before the merger or consolidation, continues in the business of:
(1) mining asbestos;
(2) selling or distributing asbestos fibers; or
(3) manufacturing, distributing, removing, or installing asbestos containing products that are the same, or substantially the same, as those products previously manufactured, distributed, removed, or installed by the transferor corporation.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-4. "Successor Asbestos Related Liability"

Sec. 4. As used in this chapter, "successor asbestos related liability" means any liability that is related to an asbestos claim that was assumed or incurred by a corporation as a result of:
(1) a merger or consolidation with another corporation;
(2) the plan of merger or consolidation related to the merger or consolidation; or
(3) the exercise of control or the ownership of stock of the corporation before the merger or consolidation.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-5. "Transferor Corporation"

Sec. 5. As used in this chapter, "transferor corporation" means a corporation from which a successor asbestos related liability was assumed or incurred.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-7. Chapter Application

Sec. 7. This chapter applies to a civil action asserting an asbestos claim that is filed against an innocent successor corporation:
(1) after June 30, 2009; or
(2) before July 1, 2009, if trial has not commenced as of July 1, 2009.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-8. Limited Cumulative Successor Asbestos Related Liabilities

Sec. 8. (a) Subject to subsections (c) and (d) and sections 10 and 12 of this chapter, the cumulative successor asbestos related liabilities of an innocent successor corporation are limited to the fair market value of the total gross assets of the transferor corporation, determined as of the time of the merger or consolidation through which the innocent successor corporation assumed or incurred successor asbestos related liability.
(b) An innocent successor corporation is not responsible for successor asbestos related liability in excess of the limitation set forth in subsection (a).
(c) For purposes of this section, if a transferor corporation assumed or incurred successor asbestos related liability in connection with a merger or consolidation with a prior transferor corporation, the fair market value of the total gross assets of the prior transferor corporation determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) to determine the limitation of liability of the innocent successor corporation.
(d) Cumulative successor asbestos related liabilities include liabilities that exist after the merger or consolidation of the innocent successor corporation and the transferor corporation and that are paid or discharged by or on behalf of the:
(1) innocent successor corporation; or
(2) transferor corporation;
as part of a settlement or judgment in Indiana or another jurisdiction.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-9. Limitations Application

Sec. 9. The limitations set forth in section 8 of this chapter apply to the successor asbestos related liability of an innocent successor corporation and do not apply to:
(1) worker's compensation benefits paid by or on behalf of an employer to an employee under IC 22-3 or a comparable worker's compensation law in another jurisdiction;
(2) a claim against a corporation that is not a successor asbestos related liability;
(3) any obligation under the federal National Labor Relations Act (29 U.S.C. 151 et seq.); or
(4) a collective bargaining agreement.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-10. Establishment of Fair Market Value of Total Gross Assets of Transferor Corporation

Sec. 10. An innocent successor corporation may establish the fair market value of the total gross assets, including intangible assets, of a transferor corporation to determine limitations under section 8 of this chapter by any reasonable method, including:
(1) by reference to the going concern value of the assets;
(2) by reference to the purchase price attributable to or paid for assets in an arms length transaction; or
(3) in the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-11. Liability Insurance

Sec. 11. (a) If the total gross assets of a transferor corporation include liability insurance issued to the transferor corporation, this chapter does not affect the applicability, terms, conditions, or limits of the liability insurance.
(b) This chapter does not affect the rights and obligations of an insurer, transferor, or successor under an insurance contract or any related agreements, including:
(1) preenactment settlements resolving coverage related disputes; or
(2) contracts regarding the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, self-insured periods, or periods as to which insurance is uncollectible or unavailable.
(c) A settlement of a dispute concerning liability insurance coverage entered into by a:
(1) transferor corporation; or
(2) successor corporation;
with the insurers of a transferor corporation before July 1, 2009, is determinative of the total coverage of liability insurance to be included in the calculation of a transferor corporation's total gross assets under this chapter.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 8. Limited Liability Concerning Asbestos Related Claims › 34-31-8-12. Adjustment of Fair Market Value of the Total Gross Assets of a Transferor Corporation

Sec. 12. (a) Except as provided in subsections (b) through (d), the sum determined as the fair market value of the total gross assets of a transferor corporation as of the time of a merger or consolidation for purposes of determining the limit on the cumulative successor asbestos related liabilities of an innocent successor corporation under this chapter shall be adjusted annually at a rate equal to the sum of the following:
(1) The prime rate listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation. If the prime rate is not published in the first edition of the Wall Street Journal, then a reasonable determination of the prime rate on the first day of the year may be used.
(2) One percent (1%).
(b) The rate described in subsection (a) may not be compounded.
(c) The adjustment of the fair market value of the total gross assets of the transferor corporation as of the time of the merger or consolidation shall continue as described in subsection (a) until the date as of which the adjusted value is first exceeded by the cumulative amounts of successor asbestos related liabilities paid or committed to be paid by or on behalf of:
(1) the innocent successor corporation;
(2) any predecessor corporation; and
(3) the transferor corporation;
after the time of the merger or consolidation.
(d) No adjustment of the fair market value of total gross assets of a transferor corporation under this section shall be applied to any liability insurance.
As added by P.L.134-2009, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-1. Chapter Application

Sec. 1. (a) This chapter does not apply to activities if the participant is paid to participate in the activity.
(b) This chapter does not apply to an agritourism provider who does not comply with the requirements concerning signs and warning notices required by this chapter.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-2. "Agritourism Activity"

Sec. 2. As used in this chapter, "agritourism activity" means:
(1) an activity at an agricultural, horticultural, or agribusiness operation where the general public is allowed or invited to participate in, view, or enjoy the activities for recreational, entertainment, or educational purposes, including farming, ranching, historic and cultural agricultural activities, self-pick farms, or farmers' markets;
(2) an activity involving an animal exhibition at an agricultural fair;
(3) natural resource based activities and attractions, including hunting, fishing, hiking, trail riding, camping, canoeing, kayaking, and tubing on a river; or
(4) a winter sports activity, including an activity that takes place on a facility or on grounds used for or in connection with winter sports activities.
As added by P.L.3-2011, SEC.1. Amended by P.L.63-2022, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-3. "Agritourism Provider"

Sec. 3. As used in this chapter, "agritourism provider" means a person who provides the opportunity for agritourism activities whether or not the participant pays to participate in the activity. The term includes employees or authorized agents who offer or conduct agritourism activities on behalf of an agritourism provider.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-3.5. "Electronic Record"

Sec. 3.5. "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. The term includes a contract or release.
As added by P.L.63-2022, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-3.7. "Electronic Signature"

Sec. 3.7. "Electronic signature" means an electronic sound, symbol, or process:
(1) attached to or logically associated with an electronic record; and
(2) executed or adopted by a person;
with the intent to sign the electronic record.
As added by P.L.63-2022, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-4. "Inherent Risks of Agritourism Activities"

Sec. 4. As used in this chapter, "inherent risks of agritourism activities" means those conditions, dangers, or hazards that are an integral part of an agritourism activity, including the following:
(1) Surface and subsurface conditions and natural conditions of land, vegetation, and waters.
(2) The behavior of wild or domestic animals.
(3) The ordinary dangers of structures or equipment when the structures or equipment are being:
(A) used; or
(B) stored;
by an agritourism provider in a manner and for a purpose for which a reasonable person should know that structures or equipment is intended.
(4) The negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism provider, failing to exercise reasonable caution while engaging in the agritourism activity, or failing to obey written warnings or postings on the premises of the agritourism operation.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-5. "Land"

Sec. 5. As used in this chapter, "land" means all real property, land, and water including all structures, fixtures, equipment, and machinery located on the property.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-6. "Monetary Consideration"

Sec. 6. As used in this chapter, "monetary consideration" means a fee or other charge for permission to go upon a tract of land. The term does not include:
(1) the gratuitous sharing of game, fish, or other products of the recreational use of the land;
(2) services rendered for the purpose of wildlife management; or
(3) contributions in kind made for the purpose of wildlife management.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-7. "Participant"

Sec. 7. As used in this chapter, "participant" means any person, other than the agritourism provider, who engages in an agritourism activity.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-8. "Person"

Sec. 8. As used in this chapter, "person" means an individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, or other legal or commercial entity.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-9. Effect of Receiving Compensation

Sec. 9. An activity may be an agritourism activity whether or not a participant provides monetary or other valuable compensation to participate in the activity.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-10. Immunity From Liability

Sec. 10. (a) Subject to section 11 of this chapter, an agritourism provider is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of agritourism activities.
(b) Subject to section 11 of this chapter, a participant or participant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an agritourism provider for injury, loss, damage, or death of the participant resulting from an inherent risk of agritourism activities.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-11. Exceptions to Immunity for Certain Acts and Omissions

Sec. 11. Section 10 of this chapter does not prevent or limit the liability of an agritourism provider:
(1) who has actual knowledge or reasonably should have known of:
(A) a dangerous condition on the land, facilities, or equipment used in the agritourism activity; or
(B) the dangerous propensity of a particular animal used in the agritourism activity;
and does not make the danger known to the participant and the danger proximately causes injury, damage, or death to the participant;
(2) who fails to properly train, or improperly or inadequately trains, employees who are actively involved in agritourism activities and an act or omission of the employee proximately causes injury, damage, or death to the participant;
(3) who commits an act or omission that:
(A) constitutes willful or wanton disregard for the safety of the participant; and
(B) caused the injury or death of the participant; or
(4) who intentionally injures the participant.
As added by P.L.3-2011, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-12. Requirements for Providers Who Receive Monetary Consideration; Signs; Release; Warning Notice

Sec. 12. (a) This chapter does not apply to an agritourism provider who receives monetary consideration from an individual other than a government agency unless an agritourism provider:
(1) posts and maintains a sign on which is printed the warning notice set forth in section 14 of this chapter; or
(2) has a signed contract or release from the participant indicating that the participant has received written notice of the warning set forth in section 13 of this chapter.
(b) A sign referred to in subsection (a) must be placed in a clearly visible location at the main point of entrance to the agritourism activity.
(c) The warning notice on a sign referred to in subsection (a) must be printed in black letters, and each letter must be at least one (1) inch in height.
As added by P.L.3-2011, SEC.1. Amended by P.L.63-2022, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-13. Written Contract or Release Warning Notice

Sec. 13. (a) If there is a written contract or release between an agritourism provider and a participant for the providing of access, services, instruction, or the rental of equipment to a participant for purposes of engaging in or participating in an agritourism activity, the contract or release must contain in clearly readable print or characters the warning notice specified in section 14 of this chapter.
(b) A written contract or release under this chapter:
(1) may be created, stored, or transmitted as an electronic record; and
(2) may be signed by an electronic signature.
(c) Failure to:
(1) post or maintain a sign as described in section 12 of this chapter; or
(2) provide the warning notice described in section 14 of this chapter;
does not create a cause of action or other liability on the part of an agritourism provider.
(d) Nothing in this chapter alters or eliminates any legal defense that an agritourism provider may have in relation to any injury, death, loss, or harm arising out of an agritourism activity.
As added by P.L.3-2011, SEC.1. Amended by P.L.63-2022, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 9. Limited Liability Arising From Agritourism Activities › 34-31-9-14. Contents of Warning Notice

Sec. 14. The warning notice that must be printed on a sign under section 12 of this chapter and included in a written contract or release under section 13 of this chapter is as follows:
WARNING
Under Indiana law, an agritourism provider is not liable for an injury to, or the death of, a participant in agritourism activities at this location if the death or injury results from the inherent risks of agritourism activity.
Inherent risks of agritourism activities include risks of injury inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury or death, or for other participants to act in a manner that may cause you injury or cause your death.
You are assuming the risk of participating in this agritourism activity.
As added by P.L.3-2011, SEC.1. Amended by P.L.63-2022, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-1. Limited Liability in Addition to Any Immunity or Limited Liability Provided by the Tort Claims Act

Sec. 1. The limited liability provided in this chapter is in addition to any immunity or limited liability provided by the Indiana tort claims act (IC 34-13-3).
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-2. Activities Excluded if a Participant Is Paid to Participate

Sec. 2. This chapter does not apply to an activity if the participant is paid by the school to participate in the activity.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-3. "Community Use Physical Fitness Activity"

Sec. 3. As used in this chapter, "community use physical fitness activity" means an activity in which the general public is invited to use:
(1) school property;
(2) school equipment; or
(3) a school facility;
to participate in a physical fitness activity that is approved as described in section 12 of this chapter.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-4. "Inherent Risk of a Physical Fitness Activity"

Sec. 4. (a) As used in this chapter, "inherent risk of a physical fitness activity" means a condition, danger, or hazard that is an integral part of:
(1) a physical fitness activity;
(2) the use of exercise equipment; or
(3) the use of a facility provided by a school;
as determined by a reasonable person considering the nature of the activity, equipment, or facility.
(b) The term includes the negligent acts of a participant that may contribute to injury to the participant or others, including:
(1) failing to follow instructions;
(2) failing to exercise reasonable caution while engaging in an activity; or
(3) failing to obey written warnings or postings.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-5. "Participant"

Sec. 5. (a) As used in this chapter, "participant" means a person who is engaging in a community use physical fitness activity.
(b) The term does not include the following individuals if the individual is using the school's facilities in the course of school employment or is participating in an activity as part of an official school function:
(1) A school employee.
(2) A person providing, directing, or supervising a physical fitness activity.
(3) A student who attends the school or another school in the school corporation of the school.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-6. "School"

Sec. 6. As used in this chapter, "school" means a:
(1) public school (as defined in IC 20-18-2-15); or
(2) state accredited nonpublic school (as defined in IC 20-18-2-18.7).
As added by P.L.220-2013, SEC.3. Amended by P.L.92-2020, SEC.109.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-7. School Not Liable for Loss From Inherent Risk of Physical Fitness Activities

Sec. 7. Except as provided in sections 8 through 10 of this chapter, a school is not liable for the death or injury of a participant that results from an inherent risk of a physical fitness activity. A participant or the representative of a participant may not:
(1) make a claim against;
(2) bring or maintain an action against; or
(3) recover damages from;
a school for injury, loss, damage, or death of a participant that results from the inherent risk of a physical fitness activity.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-8. School May Be Liable for Failure to Train or for Known Dangerous Conditions

Sec. 8. Section 7 of this chapter does not prevent or limit the liability of a school:
(1) that has actual knowledge of, or that knows or reasonably should have known of, a dangerous condition on the property, facilities, or equipment used in the community use physical fitness activity;
(2) that fails to properly train a school employee or other person providing, directing, or supervising the community use physical fitness activity, if the school provides an employee or other person to provide, direct, or supervise the activity and the act or omission of the school employee or other person proximately causes the injury, loss, damage, or death; or
(3) for an act or omission that is the result of willful, wanton, or intentional misconduct.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-9. School May Be Liable if It Receives Monetary Consideration for Fitness Activities; Exceptions; Waivers and Warning Signs

Sec. 9. Section 7 of this chapter does not prevent or limit the liability of a school that receives monetary consideration for a community use physical fitness activity from any person other than a government agency unless the school:
(1) posts and maintains a sign on which is printed the warning notice set forth in section 11 of this chapter; or
(2) has received a signed release from the participant indicating that the participant has received written notice of the warning set forth in section 11 of this chapter.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-10. Warning Notice in Contract for Community Use Physical Fitness Activities

Sec. 10. If there is a written contract between a school and a participant for the provision of a community use physical fitness activity, section 7 of this chapter does not prevent or limit the liability of a school unless the contract contains the warning notice set forth in section 11 of this chapter.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-11. Contents of Warning Notice

Sec. 11. (a) The warning notice described in sections 9 through 10 of this chapter must state the following:
WARNING
Under Indiana law, a school is not liable for an injury to, or the death of, a participant in physical fitness activities at this location if the death or injury results from the inherent risks of the physical fitness activity.
Inherent risks of physical fitness activities include risks of injury inherent in exercise, the nature of a sport, the use of exercise equipment, or the use of a facility provided by a school. Inherent risks also include the potential that you may act in a negligent manner that may contribute to your injury or death, or that other participants may act in a manner that may result in injury or death to you.
You are assuming the risk of participating in this physical fitness activity.
(b) If the warning notice set forth in subsection (a) is posted on a sign as described in section 9(1) of this chapter, the warning must be posted on the sign in letters at least one (1) inch in height and the sign must be placed in a location where participants will likely be present during the school physical fitness activity.
(c) If the warning notice set forth in subsection (a) is included in a written contract as described section 10 of this chapter, the notice must be in at least 14 point boldface type.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities › 34-31-10-12. School Board or Trustees Must Approve Community Use Physical Fitness Activity

Sec. 12. A board of school trustees, a board of school commissioners, a school board of an incorporated town and city, or township school trustees must approve the types of activities that may occur at a school as a community use physical fitness activity under section 3 of this chapter.
As added by P.L.220-2013, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10.2. Indemnification: School Resource Officers › 34-31-10.2-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Public school" means:
(A) a public school (as defined in IC 20-18-2-15); or
(B) a charter school.
(2) "School resource officer" has the meaning set forth in IC 20-26-18.2-1.
As added by P.L.172-2013, SEC.9.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 10.2. Indemnification: School Resource Officers › 34-31-10.2-2. State to Indemnify Public School for Loss Resulting From the Use of a Weapon by a School Resource Officer

Sec. 2. The state shall indemnify a public school against a loss resulting from any injury to a person caused by a school resource officer if the loss was the result of misfeasance, malfeasance, or nonfeasance in connection with the use of the officer's weapon.
As added by P.L.172-2013, SEC.9.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11. Limited Liability Arising From Trespassing › 34-31-11-1. "Possessor of Land"

Sec. 1. (a) As used in this chapter, "possessor of land" means a person who possesses any fee, reversionary, or easement interest in real property.
(b) The term includes:
(1) an owner;
(2) a lessee; or
(3) another lawful occupant;
of real property.
As added by P.L.88-2015, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11. Limited Liability Arising From Trespassing › 34-31-11-2. "Trespasser"

Sec. 2. As used in this chapter, "trespasser" means a person who enters or remains on real property of another person without:
(1) a right to enter or remain on the real property;
(2) the consent of the other person; or
(3) an actual or implied invitation from the other person.
As added by P.L.88-2015, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11. Limited Liability Arising From Trespassing › 34-31-11-3. Duty of Care Owed to Trespasser; Child Trespasser

Sec. 3. (a) A possessor of land does not owe a duty of care to a trespasser, except to refrain from willfully or wantonly injuring the trespasser, after the trespasser has been discovered on real property possessed by the possessor of land.
(b) Notwithstanding subsection (a), a possessor of land may be subject to liability for physical injury or death to a child trespasser if all of the following apply:
(1) The structure or condition complained of is maintained or permitted on the property by the possessor.
(2) The structure or condition is particularly dangerous to children.
(3) The danger is latent, uncommon to nature, and unlikely to be comprehended by children.
(4) The structure or condition is particularly attractive to children and provides a special enticement for children to play or sport on the structure or condition.
(5) The possessor has actual or constructive knowledge of both the structure or condition and the likelihood that children will trespass and be injured.
(6) The injury is a natural, probable, and foreseeable result of the wrong.
As added by P.L.88-2015, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11. Limited Liability Arising From Trespassing › 34-31-11-4. Liability; Immunities; Defenses

Sec. 4. This chapter may not be construed to:
(1) create or increase the liability of a possessor of land; or
(2) affect any immunities from or defenses to civil liability:
(A) established by another provision of the Indiana Code; or
(B) available at common law;
to which a possessor of land may be entitled.
As added by P.L.88-2015, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11. Limited Liability Arising From Trespassing › 34-31-11-5. Purpose; Indiana Common Law

Sec. 5. The purpose of this chapter is to codify Indiana common law as it exists on July 1, 2015, with respect to the duty owed by a possessor of land to a trespasser.
As added by P.L.88-2015, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.2. Defenses Related to Liquefied Petroleum Gas › 34-31-11.2-1. Application

Sec. 1. This chapter applies only to a cause of action that accrues after June 30, 2015.
As added by P.L.90-2015, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.2. Defenses Related to Liquefied Petroleum Gas › 34-31-11.2-2. Assumption of the Risk

Sec. 2. If:
(1) a person:
(A) modifies, repairs, or materially alters:
(i) liquefied petroleum gas equipment; or
(ii) a liquefied petroleum gas appliance;
without the knowledge and consent of the provider of the liquefied petroleum gas used in the equipment or appliance; or
(B) uses the:
(i) liquefied petroleum gas equipment; or
(ii) liquefied petroleum gas appliance;
in a manner or for a purpose other than that for which the equipment or appliance was reasonably intended; and
(2) the person or another person suffers bodily injury or property damage because of an action taken by the person as described in subdivision (1)(A) or (1)(B);
the person is considered to have assumed the risk of causing the bodily injury or property damage because of the action taken by the person under subdivision (1)(A) or (1)(B).
As added by P.L.90-2015, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.2. Defenses Related to Liquefied Petroleum Gas › 34-31-11.2-3. Affirmative Defense

Sec. 3. The provider of the liquefied petroleum gas that was used in:
(1) liquefied petroleum gas equipment; or
(2) a liquefied petroleum gas appliance;
involved in causing bodily injury or property damage described in section 2(2) of this chapter has an affirmative defense in any action brought against the provider if a person assumed the risk of causing the bodily injury or property damage described in section 2(2) of this chapter because of an action taken by the person under section 2(1)(A) or 2(1)(B) of this chapter.
As added by P.L.90-2015, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.4. Limited Liability for Operators of Recreational Facilities › 34-31-11.4-1. Application

Sec. 1. (a) This chapter applies only to a recreational facility that is operated by an:
(1) elementary school (as defined under IC 20-18-2-4);
(2) approved secondary school (as defined under IC 21-12-1-5); or
(3) approved postsecondary school (as defined under IC 21-7-13-6).
(b) This chapter does not apply to the operator of:
(1) an ice skating rink that is described in IC 34-31-6.5; or
(2) a recreational facility with respect to an activity:
(A) for which the recreational facility is not primarily designed (even if the recreational facility is designed to allow this activity); or
(B) that is not recreation.
As added by P.L.95-2015, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.4. Limited Liability for Operators of Recreational Facilities › 34-31-11.4-2. Duties of Operator

Sec. 2. To qualify for limited liability under this chapter, an operator shall do all the following with respect to a recreational facility:
(1) Post the:
(A) duties of recreational users; and
(B) duties, obligations, and liabilities of the operator;
as prescribed in this chapter in at least three (3) conspicuous locations in or along the recreational facility.
(2) Maintain the stability and legibility of all signs, symbols, and posted notices required by this chapter.
(3) This subdivision applies only to a recreational facility located in a building. When the recreational facility is open, at least one (1) floor supervisor must be on duty. A floor supervisor:
(A) must have received appropriate training to carry out the floor supervisor's duties; and
(B) must use reasonable care in carrying out the floor supervisor's duties.
(4) Maintain the floor or surface of the recreational facility in proper and reasonably safe condition.
(5) If the recreational facility is located in a building or includes a building, maintain in good and safe condition the areas of the building open to recreational users.
(6) Maintain equipment in good mechanical condition.
(7) Comply with all applicable state and local fire safety codes, building codes, and other safety codes applicable to a recreational facility.
As added by P.L.95-2015, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.4. Limited Liability for Operators of Recreational Facilities › 34-31-11.4-3. Duties of Recreational User

Sec. 3. A recreational user shall do all the following:
(1) Maintain reasonable control of the recreational user's speed and course at all times.
(2) Use due care while operating or using equipment.
(3) Heed all posted signs and warnings.
(4) Maintain a proper view to avoid other recreational users, individuals, and objects.
(5) Accept the responsibility for the following:
(A) Knowing the range of the recreational user's ability.
(B) Using the recreational facility within the limits of the recreational user's ability.
(6) Refrain from acting in a manner that may cause or contribute to the injury of the recreational user or any other individual.
As added by P.L.95-2015, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.4. Limited Liability for Operators of Recreational Facilities › 34-31-11.4-4. Risks of Using a Recreational Facility

Sec. 4. (a) Recreational users are considered to:
(1) have knowledge of; and
(2) assume;
the risks of using the recreational facility.
(b) For purposes of this chapter, risks of using a recreational facility include the following:
(1) Injuries that result from collisions or incidental contact with other recreational users or other individuals who are properly present at the recreational facility.
(2) Injuries that result from falls caused by loss of balance.
(3) Injuries that involve objects or artificial structures that are not otherwise attributable to an operator's breach of the operator's duties or responsibilities under section 2 of this chapter.
(4) Injuries that result from the recreational user's violation of the recreational user's duties under section 3 of this chapter.
As added by P.L.95-2015, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 31. Limited Liability › Chapter 11.4. Limited Liability for Operators of Recreational Facilities › 34-31-11.4-5. Defense to an Action Against an Operator by a Recreational User

Sec. 5. (a) Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 4 of this chapter is a complete defense to an action against an operator by a recreational user for injuries and property damage resulting from the assumed risks.
(b) The following apply if an operator violates any of the operator's duties or responsibilities under section 2 of this chapter:
(1) The complete defense against an action against an operator under subsection (a) does not apply.
(2) The provisions of IC 34-51-2-6 apply, unless IC 34-13-3 applies to the operator.
(c) If IC 34-13-3 applies to an operator, the liability of the operator under section 2 of this chapter is subject to IC 34-13-3 and IC 34-51-2-2.
As added by P.L.95-2015, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 32. Commencement of Action: Notice and Publication › Chapter 1. Notice and Publication › 34-32-1-1. Notice and Service

Sec. 1. If notice is required by this article, the notice must be in writing, and may be served by the proper officer or any other person.
[Pre-1998 Recodification Citation: 34-1-65-1.]
As added by P.L.1-1998, SEC.28.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 32. Commencement of Action: Notice and Publication › Chapter 1. Notice and Publication › 34-32-1-2. Publications; English Language

Sec. 2. Publications of legal and other official matters printed in the English language are lawful, if published in a newspaper of general circulation published in the county.
[Pre-1998 Recodification Citation: 34-1-3-1.]
As added by P.L.1-1998, SEC.28.