Indiana Code

Ind. Code § 34-13-3-1 (2026)

Applicability of chapter

✓ current as of May 2026
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     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). · cites it 6× “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). · cites it 8× “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). · cites it 2× “*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). · cites it 4× “[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). · cites it 4× “" 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). · cites it 2× “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). · cites it 2× “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). · cites it 4× “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). · cites it 4× “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). · cites it 3× “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). · cites it 2× “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). · cites it 2× “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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