Sec. 5. In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery except as provided in section 6 of this chapter.
Ind. Code § 34-51-2-5
Effect of contributory fault
Applied in 16 court decisions — leading case Pfenning v. Lineman (2011)
Most recently applied in Katrina Murray and Aquila F. Flynn, as Co-Personal Representatives of the Estate of Jaylan T.R. Murray v. Indianapolis Public Schools and Arlington Community High School (August 2019)
As added by P.L.1-1998, SEC.47.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.