Indiana Code
Ind. Code § 34-13-3-9 (2026)
Incapacitated plaintiffs; notice requirement
✓ current as of May 2026
Sec. 9. If a person is incapacitated and cannot give notice as required in section 6 or 8 of this chapter, the person's claim is barred unless notice is filed within one hundred eighty (180) days after the incapacity is removed.
[Pre-1998 Recodification Citation: 34-4-16.5-8.]
As added by P.L.1-1998, SEC.8.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1999–2023 · leading case: City of Indianapolis v. Hicks ex rel. Richards, 932 N.E.2d 227 (Ind. Ct. App. 2010).
City of Indianapolis v. Hicks ex rel. Richards, 932 N.E.2d 227 (Ind. Ct. App. 2010). “The exception in Indiana Code section 34-13-3-9 provides: "If a person is incapacitated and cannot give notice as required in section .”
Cody Waldrip v. Angela Waldrip, City of Bloomington, Indiana, Monroe Cnty., Indiana, State of Indiana, 976 N.E.2d 102 (Ind. Ct. App. 2012). “Indiana Code Section 34-13-3-9 provides that if a person is incapacitated, that .”
Charles R. Whitlock v. Steel Dynamics, Inc., 35 N.E.3d 265 (Ind. Ct. App. 2015). “Moreover, while she was obviously physically impaired and could not independently perform all acts regarding her personal care and property, there simply was no 5 The statute, which is currently codified at Indiana Code section 34-13-3-9, now uses the term “incapacitated”…”
John Feldhake v. Edwin Buss, Latoya Lane, & Nathan Walters, 36 N.E.3d 1089 (Ind. Ct. App. 2015). “Indiana Code § 34-13-3-9 makes an exception for a plaintiffs incapacitation and grants an additional one hundred eighty (180) days to file a claim after the incapacity is removed.”
Mangold Ex Rel. Mangold v. Indiana Dep't of Nat. Resources, 720 N.E.2d 424 (Ind. Ct. App. 1999). “(2) Whether the DNR was immune from suit pursuant to Ind.Code § 34-13-3-9(9). FACTS AND PROCEDURAL HISTORY On March 12, 1997, Conservation Officer John Groover of the DNR taught part of a hunter education course in the Switzerland *427 County Middle School.”
New Augusta North Pub. Academy v. K G (Ind. Ct. App. 2023). “’s minority and incapacity tolled her time to file a tort claim notice under Indiana Code § 34-13-3-9.” Appellant’s App.”
Shannon Murphy v. Indiana State Univ. & Nick D. Pledger (Ind. Ct. App. 2020). “Pursuant to Indiana Code Section 34-13-3-8, Murphy was only required to give 8 Indiana Code Section 34-13-3-9 is inapplicable here. Court of Appeals of Indiana | Opinion 20A-CT-313 | August 10, 2020 Page 9 of 22 notice of her claim to ISU, and Murphy’s claim was barred unless…”
Fields v. Rozzi (N.D. Ind. 2023). “Fields responds by arguing that his notice period is tolled because he was “incapacitated” due to his incarceration under Ind. Code 34-13-3-9. “If a person is incapacitated and cannot give notice as required in section 6 or 8 [IC 34-13-3-6 or IC 34-13-3-8] of this chapter, the…”
— Ind. Code § 34-13-3-9(9) — 1 case
Mangold Ex Rel. Mangold v. Indiana Dep't of Nat. Resources, 720 N.E.2d 424 (Ind. Ct. App. 1999). “(2) Whether the DNR was immune from suit pursuant to Ind.Code § 34-13-3-9(9). FACTS AND PROCEDURAL HISTORY On March 12, 1997, Conservation Officer John Groover of the DNR taught part of a hunter education course in the Switzerland *427 County Middle School.”
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