Ind. Code » Title 34
Indiana Code

Ind. Code § 34-51-2-3 (2025)

Causation

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. In an action brought under this chapter (or IC 34-4-33 before its repeal), legal requirements of causal relation apply to:

(1) fault as the basis for liability; and

(2) contributory fault.

[Pre-1998 Recodification Citation: 34-4-33-1 part.]

As added by P.L.1-1998, SEC.47.

 

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2003–2026 · leading case: Paragon Fam. Restaurant v. Bartolini, 799 N.E.2d 1048 (Ind. 2003).
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Paragon Fam. Restaurant v. Bartolini, 799 N.E.2d 1048 (Ind. 2003). · cites it 2× “I.C. § 34-51-2-3. This Court recently observed that when a jury finds that the conduct of a second actor was a superseding cause foreclosing the first actor as a proximate cause of the claimed injury, "[t]his is simply another way of saying, in comparative fault terms, that the…”
Webber v. Butner, 923 F.3d 479 (7th Cir. 2019). “" Ind. Code § 34-51-2-3 . This requirement of proximate cause to establish liability was preserved in the Indiana comparative fault scheme.”
Green v. Ford Motor Co., 942 N.E.2d 791 (Ind. 2011). · cites it 2× “” Ind.Code § 34-51-2-3. This requirement of proximate cause to establish liability was preserved in the Indiana comparative fault scheme.”
The Est. of Gary Pfafman v. Lori Lancaster, Individually, & as Guardian of the Est. of Kole Craig, 67 N.E.3d 1150 (Ind. Ct. App. 2017). · cites it 4× “” Ind. Code § 34-51-2-3 . This requirement of proximate cause to establish liability was preserved in the Court of Appeals of Indiana | Opinion 57A03-1603-CC-516 | January 18, 2017 Page 22 of 34 Indiana comparative fault scheme.”
Jennifer Pennington v. Mem'l Hosp. of South Bend, Inc., No. 25A-CT-01683 (Ind. Ct. App. June 5, 2026). · cites it 4× “” Ind. Code § 34-51-2-3 (1998). [22] In the context of the tort of negligence, proximate cause is the “legal requirement[]” of causation referenced in Indiana Code section 34-51-2-3.”
The Est. of Gary Pfafman v. Lori Lancaster, Individually, & as Guardian of the Est. of Kole Craig, No. 57A03-1603-CC-516 (Ind. Ct. App. Jan. 18, 2017). · cites it 2× “” Ind. Code § 34-51-2-3 . This requirement of proximate cause to establish liability was preserved in the Court of Appeals of Indiana | Opinion 57A03-1603-CC-516 | January 18, 2017 Page 22 of 34 Indiana comparative fault scheme.”
Brown v. Costco Wholesale Corp., No. 1:21-cv-02668 (S.D. Ind. Jan. 20, 2023). · cites it 2× “Any such confusion can be reconciled by the interrelation between the element of proximate cause and the affirmative defense of a plaintiff's comparative fault.”
Walters v. Safe Step Tubs of Minnesota, No. 2:22-cv-00174 (S.D. Ind. Mar. 18, 2025). · cites it 2× “(citing Ind. Code § 34-51-2-3 ; Control Techs., 762 N.”
North Am. Roofing Servs.., Inc. v. Menard, Inc., 997 N.E.2d 1087 (Ind. Ct. App. 2013). · cites it 2× “See Ind.Code § 34-51-2-3 (1998) (“legal requirements of causal relation apply to .”
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