Negligence in Indiana
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Indiana fact pattern
Negligence in indiana.
Statute of limitations
2 years
Ind. Code § 34-11-2-4
Two years after the cause of action accrues.
- A governmental entity under the Tort Claims Act generally needs written notice within 180 days (IC 34-13-3-8). That notice is not the two-year lawsuit.