Indiana Code
Ind. Code § 34-13-3-1 (2026)
Applicability of chapter
✓ current as of May 2026
Sec. 1. (a) This chapter applies only to a claim or suit in tort.
(b) The provisions of this chapter also apply to IC 34-30-14.
[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-16.5-1; subsection (b) New.]
As added by P.L.1-1998, SEC.8.
Notes of Decisions
Cited in 169
cases (93 in the last 5 years), 1998–2026 · leading case: Noble Cnty. v. Rogers, 745 N.E.2d 194 (Ind. 2001).
Noble Cnty. v. Rogers, 745 N.E.2d 194 (Ind. 2001). “See Ind.Code §§ 34-13-3-1 to § 34-13-3-25 (1998).”
City of Terre Haute v. Pairsh, 883 N.E.2d 1203 (Ind. Ct. App. 2008). “ISSUE The City raises one issue on appeal, which we restate as: Whether the City is immune from liability for Pairsh's injuries pursuant to the Indiana Tort Claims Act (ITCA), Indiana Code § 34-13-3-1 et seq. *1205 FACTS AND PROCEDURAL HISTORY Pairsh alleges that on May 1, 2005,…”
Bushong v. Williamson, 790 N.E.2d 467 (Ind. 2003). “*472 The ITCA, Indiana Code section 34-13-3-1 et seq., governs lawsuits against political subdivisions and their employees.”
Davidson v. Perron, 716 N.E.2d 29 (Ind. Ct. App. 1999). “[3] Recodified at Indiana Code Section 34-13-3-1 et seq. [4] The 180-day notice requirement is subject to the following statutory exception: "If a person is incapacitated and cannot give notice as required .”
City of South Bend v. Dollahan, 918 N.E.2d 343 (Ind. Ct. App. 2009). “" I.C. § 34-13-3-1; Hayes v. Trustees of Indiana University, 902 N.”
Darrell Birge & Sandra Birge v. Town of Linden, Indiana, 57 N.E.3d 839 (Ind. Ct. App. 2016). “The immunity provisions provided by the ITCA do not apply to claims for inverse condemnation, see Ind.Code § 34-13-3-1 (stating Indiana Code chapter 34-13-3 “applies only to a claim or suit in tort”), and could not apply in any event because just compensation is constitutionally…”
Smith v. Indiana Dep't of Corr., 871 N.E.2d 975 (Ind. Ct. App. 2007). “Ind.Code § 34-13-3-1 et seq. Indiana Code Section 34-13-3-5(c) provides that, in order to bring a suit against an employee personally, the plaintiff must “allege that an act or omission of the employee that causes a loss is (1) criminal; (2) clearly outside the scope of the…”
Budden v. Bd. of Sch. Commissioners, 698 N.E.2d 1157 (Ind. 1998). “Tort Claim Notice in the Class Action Context Before a tort lawsuit may be brought against a “political subdivision” of the State, *1161 the Tort Claims Act, Ind.Code § 34-13-3-1 to -25 (1998), requires that written notice of the claim be given to the subdivision’s “governing…”
Smith v. Miller Builders, Inc., 741 N.E.2d 731 (Ind. Ct. App. 2000). “2 Ind.Code §§ 34-13-3-1; 34-13-3-8. The notice must: .”
Barnes v. Antich, 700 N.E.2d 262 (Ind. Ct. App. 1998). “CODE § 34-13-3-1 without substantive changes. The precise subsection addressed in the present case has been recodified at IND.”
Indiana Dep't of Transp. v. Shelly & Sands, Inc., 756 N.E.2d 1063 (Ind. Ct. App. 2001). “Ind.Code § 34-13-3-1 et seq. (formerly Ind.”
John Kader v. State of Indiana, Dep't of Corr., & The Geo Grp., Inc., 1 N.E.3d 717 (Ind. Ct. App. 2013). “I.C. §§ 34-13-3-1 & -5. Further, the Act provides that certain private parties working on behalf of a governmental body also fall within the seope of the provisions of the Act.”
Ind. Code § 34-13-3-1(a): 1 case
Payton v. Talbot (S.D. Ind. 2019).
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