Sidewalk and Public Property Falls in Indiana

Claims against a city, town, county or other political subdivision for a fall on its property go through the Indiana Tort Claims Act. A governmental entity is not liable for a loss from the temporary condition of a public thoroughfare that results from weather. A claim against a political subdivision is barred unless written notice is filed within 180 days after the loss.

A claim against a political subdivision (such as a city, town or county) is barred unless written notice is filed with its governing body, and with the Indiana political subdivision risk management commission when that applies, within 180 days after the loss. A person who is incapacitated has 180 days after the incapacity ends. The combined liability of all governmental entities is capped at $700,000 per person (for claims accruing on or after January 1, 2008) and $5,000,000 per occurrence, and governmental entities are not liable for punitive damages.

A claim against the State is barred unless notice is filed with the Attorney General or the state agency involved within 270 days after the loss. A claim against a city, county or other political subdivision is barred unless notice is filed with its governing body (and, where applicable, the Indiana political subdivision risk management commission) within 180 days after the loss. An incapacitated person has 180 days after the incapacity ends. Total liability of all governmental entities and employees is capped at $700,000 per person and $5,000,000 per occurrence for claims accruing on or after January 1, 2008, and punitive damages are not allowed.

A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines.