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Damages Allocation Guide for Indiana — Comparative Fault Rules: This DocketMath article is under primary-source review; claim-level legal values and citations are unavailable until verification is complete.

Damages Allocation Guide for Indiana — Comparative Fault Rules

Fixed (Memory #13 — INDIA-paste check): prior comparative-fault sub-rule cited § 34-51-2-2 for the 51% bar — actual bar is at § 34-51-2-6. Cited § 34-51-3-1 for fault-determination — that section does not exist in chapter 51-3; replaced with § 34-51-2-5/-7. Joint-several previously claimed claimant 'may be awarded the total damages ... without regard to percentage of fault of each defendant' — that is the OPPOSITE of Indiana law; § 34-51-2-8 expressly prohibits joint judgments. Replaced with § 34-51-2-7 (proportional judgment formula), § 34-51-2-8 (no-joint-judgment rule), and § 34-51-2-1.5 (med-mal / governmental-entity carve-out). Source URLs pinned to iga.in.gov primary.

In an action based on fault that is brought against one (1) defendant or two (2) or more defendants who may be treated as a single party, the claimant is barred from recovery if the claimant's contributory fault is greater than fifty percent (50%) of the total fault involved in the incident which caused the death, injury, or property damage.

In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery except as provided in section 6 of this chapter.

The claimant is barred from recovery if the claimant's contributory fault is greater than fifty percent (50%) of the total fault involved in the incident.

In an action in which fault is assessed against two (2) or more defendants, the court shall enter judgment against each defendant liable based on the jury's percentage of fault attributed to that defendant. The court shall not enter a joint judgment against two (2) or more defendants for compensatory damages.

In an action based on fault that is brought against two (2) or more defendants, the jury shall determine the percentage of fault of the claimant, of the defendants, and of any nonparty. ... The court shall multiply the percentage of fault of each defendant by the amount of damages determined ... and shall enter judgment against the defendant in the amount of the product of the multiplication.

The court shall not enter a joint judgment against two (2) or more defendants for compensatory damages.

This chapter does not apply in any action brought against a qualified health care provider under IC 34-18 or in any action brought against a governmental entity or a public employee.