CHAPTER 2. DEFINITIONS
IC 34-6-2
Chapter 2. Definitions
IC 34-6-2-1
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 34-6-2-2
"Actual damages"
Sec. 2. (a) "Actual damages", for purposes of IC 34-15-3, includes
all damages that the plaintiff may have suffered in respect to the
plaintiff's character, property, business, trade, profession, or
occupation.
(b) "Actual damages", for purposes of IC 34-15-4, means all
damages that the plaintiff may have suffered in respect to the
plaintiff's reputation, property, business, trade, profession, or
occupation.
(c) The phrase does not include any other damages.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-2.5
"Adult person"
Sec. 2.5. "Adult person", for purposes of IC 34-23-1-2, has the
meaning set forth in IC 34-23-1-2(a).
As added by P.L.84-1999, SEC.1.
IC 34-6-2-3
"Advance payment"
Sec. 3. "Advance payment", for purposes of IC 34-44-2, means a
payment made:
(1) by:
(A) the defendant in an action to recover damages for
personal injuries, wrongful death, or property damage; or
(B) the defendant's insurance company; and
(2) to or for the plaintiff or any other person.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-3.3
"Advertiser or sponsor"
Sec. 3.3. (a) "Advertiser or sponsor", for purposes of IC 34-30-22,
means a person who for political, commercial, educational,
benevolent, or charitable purposes:
(1) donates or contributes money, materials, or products; or
(2) pays fees to advertise or display trademarks;
in connection with an event.
(b) The term does not include a person who exercises primary
control over an event.
As added by P.L.116-2005, SEC.1.
IC 34-6-2-4
(Repealed by P.L.205-2003, SEC.44.)
IC 34-6-2-5
"Agency"
Sec. 5. (a)"Agency", for purposes of IC 34-30-9, has the meaning
set forth in IC 4-20.5-1-3. The term includes any institution
supported by taxes.
(b) "Agency", for purposes of IC 34-52-2, refers to any elected
official or other authority exercising any of the executive, including
administrative, authority of the state. The term does not include the
legislative or judicial department of state government or a political
subdivision.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-6
"Aggrieved person"
Sec. 6. "Aggrieved person", for purposes of IC 34-24-2, means
any of the following:
(1) A person who has an interest in property or in an enterprise
that:
(A) is the object of corrupt business influence (IC
35-45-6-2); or
(B) has suffered damages or harm as a result of corrupt
business influence (IC 35-45-6-2).
(2) An individual whose personal safety is threatened by
criminal gang (as defined in section 32 of this chapter) activity.
(3) An individual or a business whose property value or
business activity is negatively affected due to criminal gang (as
defined in section 32 of this chapter) activity.
(4) A political subdivision in which criminal gang (as defined
in section 32 of this chapter) activity negatively affects the
property values or business activity of the political subdivision
or the personal safety of the political subdivision's residents.
(5) The state.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-7
Repealed
(Repealed by P.L.2-2002, SEC.128.)
IC 34-6-2-8
"Agricultural product"
Sec. 8. "Agricultural product", for purposes of IC 34-30-3, means
a natural product of a farm, a nursery, a grove, an orchard, a
vineyard, a garden, or an apiary. The term includes trees and
firewood.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-9
"Ambulance service"
Sec. 9. "Ambulance service", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-4.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-10
"Annual aggregate"
Sec. 10. "Annual aggregate", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-5.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-11
"Armory"
Sec. 11. "Armory", for purposes of IC 34-30-8, means an armory
constructed and operated under IC 10-16-3 or IC 10-16-4.
As added by P.L.1-1998, SEC.1. Amended by P.L.2-2003, SEC.81.
IC 34-6-2-11.5
"Asbestos claim"
Sec. 11.5. "Asbestos claim", for purposes of IC 34-31-8, has the
meaning set forth in IC 34-31-8-1.
As added by P.L.134-2009, SEC.1.
IC 34-6-2-12
"Assisting sheriff"
Sec. 12. "Assisting sheriff", for purposes of IC 34-47-4, means the
sheriff of a county other than the county in which a writ of
attachment has been issued under IC 34-47-4.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-13
"Auctioneer"
Sec. 13. "Auctioneer", for purposes of IC 34-55-6, means an
auctioneer licensed under IC 25-6.1.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-14
"Authority"
Sec. 14. "Authority", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-6.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-15
"Authorized persons"
Sec. 15. "Authorized persons", for purposes of IC 34-43-1,
include:
(1) the patient;
(2) a person authorized by the patient to request the records, if
the authorization was made in writing not more than sixty (60)
days before the date of the request for the records;
(3) physicians or other professionals within the hospital;
(4) a person entitled to request health records under
IC 16-39-1-3;
(5) a coroner who is investigating a death under IC 36-2-14-6;
and
(6) any other person designated by order of a court of
competent jurisdiction.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-15.7
"Basic life support"
Sec. 15.7. "Basic life support" has the meaning set forth in
IC 16-18-2-33.5.
As added by P.L.166-2007, SEC.3.
IC 34-6-2-16
"Beverages"
Sec. 16. "Beverages", for purposes of IC 34-30-8, includes
alcoholic beverages.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-17
"Business"
Sec. 17. "Business", for purposes of IC 34-42, means each
business, bank, industry, governmental entity, profession,
occupation, and calling of every kind.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-18
"Center"
Sec. 18. "Center", for purposes of IC 34-57-3, means a community
dispute resolution center or local program that provides conciliation,
mediation, arbitration, or other dispute resolution services.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-19
"Certified copy of a certificate of title"
Sec. 19. "Certified copy of a certificate of title", for purposes of
IC 34-40-4, means a document that is:
(1) a copy of a certificate of title for a motor vehicle, by
whatever name designated, that is issued by the bureau of motor
vehicles or a governmental entity in another state;
(2) prepared from a record of the governmental entity issuing
the certificate of title; and
(3) certified by the officer having legal custody of the record
described in subdivision (2) or the officer's deputy.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-20
"Charitable entity"
Sec. 20. "Charitable entity", for purposes of IC 34-30-5, means
any entity exempted from state gross retail tax under
IC 6-2.5-5-21(b)(1)(B).
As added by P.L.1-1998, SEC.1. Amended by P.L.192-2002(ss),
SEC.173.
IC 34-6-2-21
"Child"
Sec. 21. (a) "Child", for purposes of IC 34-23-2, has the meaning
set forth in IC 34-23-2.
(b) "Child", for purposes of IC 34-30-11, includes a child of any
age.
(c) "Child", for purposes of IC 34-31-4, means an unemancipated
person who is less than eighteen (18) years of age.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-21.2
Repealed
(Repealed by P.L.1-2003, SEC.105.)
IC 34-6-2-22
"Cognovit note"
Sec. 22. "Cognovit note", for purposes of IC 34-54-4, means a
negotiable instrument or other written contract to pay money that
contains a provision or stipulation:
(1) giving to any person a power of attorney, or authority as
attorney, for the maker, endorser, assignor, or other person
liable on the negotiable instrument or contract, and in the name
of the maker, endorser, assignor, or other obligor:
(A) to appear in any court, whether of record or inferior; or
(B) to waive personal service of process;
in any action to enforce payment of money or any part of the
money claimed to be due;
(2) authorizing or purporting to authorize an attorney, agent, or
other representative, however designated, to confess judgment
on the instrument for a sum of money when the sum is to be
ascertained, or the judgment is to be rendered or entered
otherwise than by action of court upon a hearing after personal
service upon the debtor, whether with or without attorney's fee;
or
(3) authorizing or purporting to authorize an attorney, agent, or
representative to:
(A) release errors or the right of appeal from any judgment;
or
(B) consent to the issuance of execution on the judgment.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-23
"College, university, or junior college"
Sec. 23. "College, university, or junior college", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-7.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-24
"Commissioner"
Sec. 24. "Commissioner", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-8.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-25
"Community health center"
Sec. 25. "Community health center", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-9.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-26
"Community mental health center"
Sec. 26. "Community mental health center", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-10.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-27
"Community mental retardation center"
Sec. 27. "Community mental retardation center", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-11.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-28
"Compensation"
Sec. 28. (a) "Compensation", for purposes of section 127 of this
chapter, does not include payments:
(1) to reimburse the expenses of a qualified director (as defined
in section 127 of this chapter); and
(2) for per diem.
(b) "Compensation", for purposes of IC 34-30-18, means anything
of value given as payment for performing a function. The term does
not include:
(1) payment for expenses, prizes, or trophies; or
(2) a payment to an individual of fifteen dollars ($15) or less for
performing one (1) or more functions during a day.
(c) "Compensation", for purposes of IC 34-30-19, does not
include the following:
(1) Reimbursement or payment of reasonable expenses incurred
for the benefit of a sports or leisure activity.
(2) Any award, meal, or other gift that does not exceed one
hundred dollars ($100) in value and is given as a token of
appreciation or recognition.
(3) Any per diem payment that does not exceed fifty dollars
($50) for personal services as a referee, umpire, judge, or
assistant to a referee, umpire, or judge.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-29
"Consumer"
Sec. 29. "Consumer", for purposes of IC 34-20, means:
(1) a purchaser;
(2) any individual who uses or consumes the product;
(3) any other person who, while acting for or on behalf of the
injured party, was in possession and control of the product in
question; or
(4) any bystander injured by the product who would reasonably
be expected to be in the vicinity of the product during its
reasonably expected use.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-29.5
"Corporation"
Sec. 29.5. "Corporation", for purposes of IC 34-31-8, has the
meaning set forth in IC 34-31-8-2.
As added by P.L.134-2009, SEC.2.
IC 34-6-2-30
"Cost of the periodic payments agreement"
Sec. 30. "Cost of the periodic payments agreement", for purposes
of IC 34-18-14, has the meaning set forth in IC 34-18-14-1.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-30.5
"Costs"
Sec. 30.5. "Costs", for purposes of this article, includes fees.
As added by P.L.106-2010, SEC.6.
IC 34-6-2-31
"Court"
Sec. 31. (a) "Court", for purposes of IC 34-51-4, refers to the
court awarding a judgment.
(b) "Court", for purposes of IC 34-57-2, has the meaning set forth
in IC 34-57-2-17.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-32
"Criminal gang"
Sec. 32. "Criminal gang", for purposes of section 6 of this chapter,
has the meaning set forth in IC 35-45-9-1.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-33
"Daily newspaper"
Sec. 33. "Daily newspaper", for purposes of IC 34-15-4, means a
newspaper that publishes five (5) or more issues each week.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-33.5
"Debt"
Sec. 33.5. "Debt", for purposes of sections 44.3, 44.4, 71.9, 73.5,
73.7, and 135.5 of this chapter and IC 34-55-10, means a legally or
an equitably enforced monetary obligation or liability of an
individual arising out of contract, tort, or otherwise.
As added by P.L.179-2005, SEC.2.
IC 34-6-2-34
"Department"
Sec. 34. "Department", for purposes of IC 34-13-3-7, refers to the
department of correction.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-34.5
"Domestic or family violence"
Sec. 34.5. "Domestic or family violence" means, except for an act
of self-defense, the occurrence of at least one (1) of the following
acts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causing
physical harm to another family or household member.
(2) Placing a family or household member in fear of physical
harm.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
(4) Beating (as described in IC 35-46-3-0.5(2)), torturing (as
described in IC 35-46-3-0.5(5)), mutilating (as described in
IC 35-46-3-0.5(3)), or killing a vertebrate animal without
justification with the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household member.
For purposes of IC 34-26-5, domestic and family violence also
includes stalking (as defined in IC 35-45-10-1) or a sex offense under
IC 35-42-4, whether or not the stalking or sex offense is committed
by a family or household member.
As added by P.L.133-2002, SEC.41. Amended by P.L.221-2003,
SEC.7; P.L.171-2007, SEC.3.
IC 34-6-2-35
"Economically feasible"
Sec. 35. "Economically feasible", for purposes of IC 34-55-6,
means a finding by the court that:
(1) a reasonable probability exists that with the use of
auctioneer services a valid and enforceable bid will be made at
the execution for a sale price equal to or greater than the
amount of the judgment and the costs and expenses necessary
to its satisfaction, including the costs of the auctioneer; and
(2) no such probability exists without the use of an auctioneer.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-36
"Emergency"
Sec. 36. "Emergency", for purposes of IC 34-30-6, means an
occurrence or an imminent threat of an occurrence that involves a
hazardous substance or compressed gas and that creates the
possibility of harm to any person, to property, or to the environment.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-37
"Emergency medical technician"
Sec. 37. "Emergency medical technician", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-12.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-37.2
"Emergency medical technician-basic advanced"
Sec. 37.2. "Emergency medical technician-basic advanced", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-12.1.
As added by P.L.205-2003, SEC.38.
IC 34-6-2-37.4
"Emergency medical technician-intermediate"
Sec. 37.4. "Emergency medical technician-intermediate", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-12.2.
As added by P.L.205-2003, SEC.39.
IC 34-6-2-38
"Employee" and "public employee"
Sec. 38. (a) "Employee" and "public employee", for purposes of
section 91 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, and
IC 34-30-14, mean a person presently or formerly acting on behalf of
a governmental entity, whether temporarily or permanently or with
or without compensation, including members of boards, committees,
commissions, authorities, and other instrumentalities of
governmental entities, volunteer firefighters (as defined in
IC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed by
the governmental entity as employees or independent contractors and
physicians licensed under IC 25-22.5 and optometrists who provide
medical or optical care to confined offenders (as defined in
IC 11-8-1) within the course of their employment by or contractual
relationship with the department of correction. However, the term
does not include:
(1) an independent contractor (other than an attorney at law, a
physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor;
(3) a person appointed by the governor to an honorary advisory
or honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claim
against the physician for an act or omission occurring or
allegedly occurring in the physician's capacity as an employee
of a hospital.
(c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes
a person that engages in an act or omission before July 1, 2004, in
the person's capacity as:
(1) a contractor under IC 6-1.1-4-32 (repealed);
(2) an employee acting within the scope of the employee's
duties for a contractor under IC 6-1.1-4-32 (repealed);
(3) a subcontractor of the contractor under IC 6-1.1-4-32
(repealed) that is acting within the scope of the subcontractor's
duties; or
(4) an employee of a subcontractor described in subdivision (3)
that is acting within the scope of the employee's duties.
As added by P.L.1-1998, SEC.1. Amended by P.L.142-1999, SEC.1;
P.L.250-2001, SEC.1; P.L.1-2002, SEC.142; P.L.151-2002, SEC.4
and P.L.178-2002, SEC.112; P.L.1-2003, SEC.88; P.L.1-2007,
SEC.223; P.L.121-2009, SEC.14.
IC 34-6-2-39
"Enterprise"
Sec. 39. "Enterprise", for purposes of IC 34-24-2, has the meaning
set forth in IC 35-45-6-1.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-40
"Equine"
Sec. 40. "Equine", for purposes of IC 34-31-5, means a horse,
pony, mule, donkey, or hinny.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-41
"Equine activity"
Sec. 41. (a) "Equine activity", for purposes of IC 34-31-5,
includes the following:
(1) Equine shows, fairs, competitions, performances, or parades
that involve equines and any of the equine disciplines, including
dressage, hunter and jumper horse shows, grand prix jumping,
three (3) day events, combined training, rodeos, driving,
pulling, cutting, polo, steeplechasing, English and western
performance riding, endurance trail riding and western games,
and hunting.
(2) Equine training or teaching activities.
(3) Boarding equines.
(4) Riding, driving, inspecting, or evaluating an equine, whether
or not monetary consideration or anything of value is
exchanged.
(5) Rides, trips, hunts, or other equine activities of any type
(even if informal or impromptu) that are sponsored by an equine
activity sponsor.
(6) Placing or replacing horseshoes on an equine.
(b) The term does not include being a spectator at an equine
activity.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-42
"Equine activity sponsor"
Sec. 42. "Equine activity sponsor", for purposes of IC 34-31-5,
means a person who sponsors, organizes, or provides facilities for an
equine activity.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-43
"Equine professional"
Sec. 43. "Equine professional", for purposes of IC 34-31-5, means
a person who, for compensation:
(1) instructs a participant on riding, driving, or being a
passenger upon an equine;
(2) rents to a participant an equine for the purpose of riding,
driving, or being a passenger upon the equine; or
(3) rents equipment or tack to a participant.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-44
"Evaluation of patient care"
Sec. 44. (a) "Evaluation of patient care", for purposes of
IC 34-30-15, relates to:
(1) the accuracy of diagnosis;
(2) the propriety, appropriateness, quality, or necessity of care
rendered by a professional health care provider; and
(3) the reasonableness of the utilization of services, procedures,
and facilities in the treatment of individual patients.
(b) The term does not relate to charges for services or to methods
used in arriving at diagnoses.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-44.1
"Event"
Sec. 44.1. "Event", for purposes of section 3.3 of this chapter and
IC 34-30-22, means:
(1) a performance;
(2) a benefit;
(3) a fundraiser;
(4) an auction;
(5) a meal;
(6) a concert;
(7) a sporting event;
(8) a festival;
(9) a parade;
(10) a reception;
(11) a trade show;
(12) a convention;
(13) an educational program; or
(14) another occasion organized by or for a federally tax exempt
organization.
As added by P.L.1-2006, SEC.515.
IC 34-6-2-44.2
"Exempt"
Sec. 44.2. "Exempt", for purposes of IC 34-55-10, means
protected from a judicial lien, process, or proceeding to collect a
debt.
As added by P.L.1-2006, SEC.516.
IC 34-6-2-44.3
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 34-6-2-44.4
"Exemption"
Sec. 44.4. "Exemption", for purposes of IC 34-55-10, means
protection from a judicial lien, process, or proceeding to collect a
debt.
As added by P.L.179-2005, SEC.4.
IC 34-6-2-44.5
"Extreme sport area"
Sec. 44.5. (a) "Extreme sport area", for purposes of IC 34-13-3,
means an indoor or outdoor ramp, course, or area specifically
designated for the exclusive recreational or sporting use of one (1)
or more types of extreme sport equipment.
(b) The term does not include property used at any time as a
public sidewalk, footpath, vehicle parking lot, multiple use trail,
multiple use greenway, or other public way.
As added by P.L.250-2001, SEC.2.
IC 34-6-2-44.6
"Extreme sport equipment"
Sec. 44.6. "Extreme sport equipment", for purposes of section
44.5 of this chapter and IC 34-13-3, means any of the following
nonmotorized devices:
(1) Skateboards.
(2) Roller skates.
(3) Inline skates.
(4) Freestyle bicycles.
(5) Mountain bicycles.
(6) An apparatus that is:
(A) wheeled;
(B) recreational or sporting in nature;
(C) powered solely by the physical efforts of the user; and
(D) generally known, as the term is used in Rule 201 of the
Indiana Rules of Evidence, as an apparatus used for extreme
sport.
As added by P.L.250-2001, SEC.3.
IC 34-6-2-44.7
"Family law arbitrator"
Sec. 44.7. "Family law arbitrator", for purposes of IC 34-57-5,
means:
(1) an attorney certified as a family law specialist in Indiana by
an independent certifying organization that is approved and
monitored under Rule 30 of the Rules for Admission to the Bar;
(2) a private judge qualified under Rule 1.3 of the Indiana
Supreme Court Rules for Alternative Dispute Resolution;
(3) an individual who is a former magistrate or commissioner of
an Indiana court of record; or
(4) an attorney who is a registered domestic relations mediator
under Rule 2.5(B) of the Indiana Supreme Court Rules for
Alternative Dispute Resolution.
As added by P.L.112-2005, SEC.1.
IC 34-6-2-44.8
"Family or household member"
Sec. 44.8. (a) An individual is a "family or household member" of
another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is engaged or was engaged in a sexual relationship with the
other person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of both
persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
(a)(6), or (a)(7) applies if the individual is a minor child of one (1)
of the persons.
As added by P.L.133-2002, SEC.42. Amended by P.L.97-2004,
SEC.113.
IC 34-6-2-45
"Fault"
Sec. 45. (a) "Fault", for purposes of IC 34-20, means an act or
omission that is negligent, willful, wanton, reckless, or intentional
toward the person or property of others. The term includes the
following:
(1) Unreasonable failure to avoid an injury or to mitigate
damages.
(2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its
repeal) that a person is subject to liability for physical harm
caused by a product, notwithstanding the lack of negligence or
willful, wanton, or reckless conduct by the manufacturer or
seller.
(b) "Fault", for purposes of IC 34-51-2, includes any act or
omission that is negligent, willful, wanton, reckless, or intentional
toward the person or property of others. The term also includes
unreasonable assumption of risk not constituting an enforceable
express consent, incurred risk, and unreasonable failure to avoid an
injury or to mitigate damages.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-46
"Fees or other expenses"
Sec. 46. "Fees or other expenses", for purposes of IC 34-52-2,
include:
(1) the reasonable expenses of expert witnesses that are found
by a court under IC 34-52-2 to be necessary for the preparation
of the petitioner's case;
(2) the reasonable costs of any:
(A) study;
(B) analysis;
(C) engineering report; or
(D) test project;
that are found by a court under IC 34-52-2 to be necessary for
the preparation of the petitioner's case;
(3) any reasonable discovery expenses, that are found by a court
under IC 34-52-2 to be necessary for the preparation of the
petitioner's case; and
(4) reasonable attorney's fees.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-46.5
"Fire control or protection equipment"
Sec. 46.5. "Fire control or protection equipment", for purposes of
IC 34-30-10.5, includes vehicles, firefighting tools, protective gear,
breathing apparatuses, and other supplies, equipment, and tools used
in firefighting or emergency rescue.
As added by P.L.95-2001, SEC.1.
IC 34-6-2-46.7
"Firearm"
Sec. 46.7. "Firearm", for purposes of IC 34-28-7 and IC 34-30-20,
has the meaning set forth in IC 35-47-1-5.
As added by P.L.80-2004, SEC.1. Amended by P.L.90-2010, SEC.3.
IC 34-6-2-47
"Food item"
Sec. 47. "Food item", for purposes of IC 34-30-5, means any item
that may be ingested as a normal part of the human diet. The term
includes food that was prepared for serving by a food source (as
defined in section 48 of this chapter) but not served by the food
source.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-48
"Food source"
Sec. 48. "Food source", for purposes of IC 34-30-5, means any of
the following:
(1) A restaurant.
(2) A cafeteria.
(3) A hospital.
(4) A hotel.
(5) A caterer.
(6) A public or a private school, or postsecondary educational
institution.
(7) A fraternal organization or veterans organization.
(8) Any other person that prepares and serves food to
individuals in the ordinary course of that person's business.
As added by P.L.1-1998, SEC.1. Amended by P.L.2-2007, SEC.369.
IC 34-6-2-48.3
"Foreign judgment"
Sec. 48.3. "Foreign judgment", for purposes of IC 34-54-11,
means any judgment, decree or order of:
(1) a court of the United States; or
(2) any other court that is entitled to the full faith and credit of
Indiana.
As added by P.L.40-2003, SEC.1. Amended by P.L.63-2010, SEC.1.
IC 34-6-2-48.5
"Foreign protection order"
Sec. 48.5. "Foreign protection order", for purposes of
IC 34-26-5-17, means a protection order issued by a tribunal of:
(1) another state; or
(2) an Indian tribe;
regardless of whether the protection order was issued in an
independent proceeding or as part of another criminal or civil
proceeding.
As added by P.L.280-2001, SEC.28. Amended by P.L.133-2002,
SEC.43.
IC 34-6-2-49
"Governmental entity"
Sec. 49. (a) "Governmental entity", for purposes of section 91 of
this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4, means the state
or a political subdivision of the state.
(b) "Governmental entity", for purposes of section 103(j) of this
chapter, means the state or a political subdivision of the state.
As added by P.L.1-1998, SEC.1. Amended by P.L.250-2001, SEC.4;
P.L.280-2001, SEC.29; P.L.1-2002, SEC.143; P.L.133-2002,
SEC.44; P.L.90-2010, SEC.4.
IC 34-6-2-50
"Grant recipient"
Sec. 50. "Grant recipient", for purposes of IC 34-57-3, means a
nonprofit corporation or an organization that administers a
community dispute resolution center under IC 34-57-3.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-51
"Gratuitously renders emergency care"
Sec. 51. (a) "Gratuitously renders emergency care", for purposes
of IC 34-30-12-1, means the giving of emergency care (including the
use of an automatic external defibrillator):
(1) that was volunteered without legal obligation on the part of
the person rendering the emergency care; and
(2) for which the person rendering the emergency care does not
expect remuneration.
(b) Emergency care may not be considered to be gratuitously
rendered emergency care solely because of the failure to send a bill
for the emergency care.
As added by P.L.1-1998, SEC.1. Amended by P.L.1-1999, SEC.67.
IC 34-6-2-52
"Hazardous substance"
Sec. 52. "Hazardous substance", for purposes of IC 34-30-6,
means:
(1) a material or waste that has been determined to be hazardous
or potentially hazardous to any individual, to property, or to the
environment by the United States Environmental Protection
Agency, the federal Nuclear Regulatory Commission, the
United States Department of Transportation, the solid waste
management board, or the United States Occupational Safety
and Health Agency or any agent or designee of any of the above
mentioned boards, agencies, or commission; or
(2) any substance that may be potentially hazardous to any
person, to property or to the environment.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-53
"Health care"
Sec. 53. "Health care", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-13.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-54
"Health care provider"
Sec. 54. (a) "Health care provider", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-14.
(b) "Health care provider", for purposes of IC 34-30-12.5, has the
meaning set forth in IC 34-30-12.5-2.
As added by P.L.1-1998, SEC.1. Amended by P.L.136-2003, SEC.1.
IC 34-6-2-55
"Health care services"
Sec. 55. (a) "Health care services", for purposes of IC 34-30-13,
has the meaning set forth in IC 27-13-1-18(a).
(b) "Health care services", for purposes of IC 34-30-13.5, means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-22.5;
(F) IC 25-23;
(G) IC 25-23.5;
(H) IC 25-23.6;
(I) IC 25-24;
(J) IC 25-26;
(K) IC 25-27;
(L) IC 25-27.5;
(M) IC 25-29;
(N) IC 25-33;
(O) IC 25-34.5; or
(P) IC 25-35.6;
(2) services provided as the result of hospitalization;
(3) services incidental to the furnishing of services described in
subdivisions (1) or (2);
(4) any services by individuals certified as:
(A) paramedics;
(B) emergency medical technicians-intermediate;
(C) emergency medical technicians-advanced;
(D) emergency medical technicians basic-advanced; or
(E) emergency medical technicians under IC 16-31-2;
(5) any services provided by individuals certified as first
responders under IC 16-31-2; or
(6) any other services or goods furnished for the purpose of
preventing, alleviating, curing, or healing human illness,
physical disability, or injury.
As added by P.L.1-1998, SEC.1. Amended by P.L.138-2006, SEC.12.
IC 34-6-2-56
"Health facility"
Sec. 56. "Health facility", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-15.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-57
"Hitchhiker"
Sec. 57. "Hitchhiker", for purposes of IC 34-30-11, means a
passenger who has solicited a ride in violation of IC 9-21-17-16.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-58
"Homeowners association"
Sec. 58. "Homeowners association", for purposes of section 127
of this chapter, means a corporation or other entity that:
(1) is organized and operated exclusively for the benefit of two
(2) or more persons who each own a dwelling in fee simple; and
(2) acts, in accordance with the articles, bylaws, and other
documents governing the entity, to:
(A) acquire, transfer, manage, repair, maintain, or engage in
construction on or in the land and improvements on the land
related to the use of the dwellings owned by the members of
the corporation;
(B) purchase insurance to cover a casualty or an activity on
or in the land and improvements on the land;
(C) engage in an activity incidental to an activity described
in clause (A) or (B); or
(D) engage in more than one (1) of the activities described
in clauses (A) through (C).
As added by P.L.1-1998, SEC.1.
IC 34-6-2-59
"Hospital"
Sec. 59. "Hospital", for purposes of IC 34-18, has the meaning set
forth in IC 34-18-2-16.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-60
"Hospital medical record"
Sec. 60. "Hospital medical record", for purposes of IC 34-43-1,
means the hospital's clinical record maintained on each hospital
patient as provided in IC 16-18-2-168.
As added by P.L.1-1998, SEC.1. Amended by P.L.255-2003, SEC.54.
IC 34-6-2-61
"Illegal drug"
Sec. 61. "Illegal drug", for purposes of IC 34-24-4, means a drug
that is illegal to distribute under state law.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-62
"Illegal drug market"
Sec. 62. "Illegal drug market", for purposes of IC 34-24-4, means
the support system of illegal drug related operations, from production
to retail sales, through which an illegal drug reaches a drug user.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-63
"Illegal drug market target community"
Sec. 63. "Illegal drug market target community", for purposes of
IC 34-24-4, means the following areas where a person participates in
the illegal drug market:
(1) The county in which the person's place of participation is
located if the person violates a statute concerning possession or
dealing of an illegal drug that is punishable as a Class D felony.
(2) The county described in subdivision (1) plus all counties
with a border contiguous to the county if the person violates a
statute concerning possession or dealing of an illegal drug that
is punishable as a Class C felony.
(3) The counties described in subdivision (2) plus all counties
with a border contiguous to those counties if the person violates
a statute concerning possession or dealing of an illegal drug that
is punishable as a Class B felony.
(4) Indiana if the person violates a statute in Indiana concerning
possession or dealing of an illegal drug that is punishable as a
Class A felony.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-64
"In good faith"
Sec. 64. "In good faith", for purposes of IC 34-13-3 and
IC 34-30-15, refers to an act taken:
(1) without malice;
(2) after a reasonable effort to obtain the facts of the matter; and
(3) in the reasonable belief that the action taken is warranted by
the facts known.
As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001, SEC.30.
IC 34-6-2-65
"Incapacitated"
Sec. 65. "Incapacitated", for purposes of IC 34-13-3, has the
meaning set forth in IC 29-3-1-7.5.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-66
Repealed
(Repealed by P.L.2-2002, SEC.128.)
IC 34-6-2-66.7
"Indian tribe"
Sec. 66.7. "Indian tribe", for purposes of sections 48.5, 71.7, and
121.6 of this chapter and IC 34-26-5-17, means an Indian:
(1) tribe;
(2) band;
(3) pueblo;
(4) nation; or
(5) organized group or community, including an Alaska Native
village or regional or village corporation as defined in or
established under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their special
status as Indians.
As added by P.L.280-2001, SEC.31. Amended by P.L.133-2002,
SEC.45.
IC 34-6-2-67
"Individual drug user"
Sec. 67. "Individual drug user", for purposes of IC 34-24-4, means
an individual whose illegal drug use is the basis of an action brought
under IC 34-24-4 (or IC 34-1-70 before its repeal).
As added by P.L.1-1998, SEC.1.
IC 34-6-2-68
Repealed
(Repealed by P.L.2-2002, SEC.128.)
IC 34-6-2-69
"Inherent risks of equine activities"
Sec. 69. "Inherent risks of equine activities", for purposes of
IC 34-31-5, means the dangers or conditions that are an integral part
of equine activities, including the following:
(1) The propensity of an equine to behave in ways that may
result in injury, harm, or death to persons on or around the
equine.
(2) The unpredictability of an equine's reaction to such things
as sound, sudden movement, unfamiliar objects, people, or
other animals.
(3) Hazards such as surface and subsurface conditions.
(4) Collisions with other equines or objects.
(5) The potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others, such
as failing to maintain control over the animal or not acting
within the participant's ability.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-69.5
"Innocent successor corporation"
Sec. 69.5. "Innocent successor corporation", for purposes of
IC 34-31-8, has the meaning set forth in IC 34-31-8-3.
As added by P.L.134-2009, SEC.3.
IC 34-6-2-70
"Insured"
Sec. 70. "Insured", for purposes of IC 34-53, means a person
insured by an insurer.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-71
"Insurer"
Sec. 71. (a) "Insurer", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-17.
(b) "Insurer", for purposes of IC 34-53, has the meaning set forth
in IC 27-1-2-3.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-71.3
"Interested party"
Sec. 71.3. "Interested party", for purposes of IC 34-50-2, has the
meaning set forth in IC 34-50-2-1.
As added by P.L.219-2001, SEC.2.
IC 34-6-2-71.7
"Issuing state or Indian tribe"
Sec. 71.7. "Issuing state or Indian tribe", for purposes of
IC 34-26-5-17, means the state or Indian tribe whose tribunal issues
a protection order.
As added by P.L.280-2001, SEC.32. Amended by P.L.133-2002,
SEC.46.
IC 34-6-2-71.9
"Judicial lien"
Sec. 71.9. "Judicial lien", for purposes of sections 44.3, 44.4, and
73.7 of this chapter, means a lien on property obtained by a
judgment, levy, or another legal or equitable process or proceeding
instituted to collect a debt.
As added by P.L.179-2005, SEC.5.
IC 34-6-2-72
"Law"
Sec. 72. "Law", as for example "the law relating to other civil
actions", for purposes of IC 34-13-5, means the statutes, including
but not limited to IC 34-13-5 (and IC 34-4-17 before its repeal), and
any applicable rules of the Indiana supreme court on any subject.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-73
"Law enforcement costs"
Sec. 73. "Law enforcement costs", for purposes of IC 34-24-1,
means:
(1) expenses incurred by the law enforcement agency that
makes a seizure under IC 34-24-1 (or IC 34-4-30.1 before its
repeal) for the criminal investigation associated with the
seizure;
(2) repayment of the investigative fund of the law enforcement
agency that makes a seizure under IC 34-24-1 to the extent that
the agency can specifically identify any part of the money as
having been expended from the fund; and
(3) expenses of the prosecuting attorney associated with the
costs of proceedings associated with the seizure and the
offenses related to the seizure.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-73.3
"Law enforcement officer"
Sec. 73.3. "Law enforcement officer", for purposes of IC 34-26-5,
has the meaning set forth in IC 35-41-1-17.
As added by P.L.280-2001, SEC.33. Amended by P.L.133-2002,
SEC.47.
IC 34-6-2-73.5
"Levy"
Sec. 73.5. "Levy", for purposes of section 71.9 of this chapter and
IC 34-55-10, means the seizure of property under a writ of
attachment, a garnishment, an execution, or a similar legal or
equitable process issued to collect a debt.
As added by P.L.179-2005, SEC.6.
IC 34-6-2-73.7
"Lien"
Sec. 73.7. "Lien", for purposes of section 71.9 of this chapter and
IC 34-55-10, means a security interest, judicial lien, statutory lien,
common law lien, or another interest in property to secure the
payment of a debt or the performance of an obligation.
As added by P.L.179-2005, SEC.7.
IC 34-6-2-74
Repealed
(Repealed by P.L.2-2002, SEC.128.)
IC 34-6-2-75
"Loss"
Sec. 75. (a) "Loss", for purposes of IC 34-13-3, means injury to
or death of a person or damage to property.
(b) "Loss", for purposes of IC 34-30-6, means injury to or death
of a human being or damage to property or to the environment.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-76
"Malpractice"
Sec. 76. "Malpractice", for purposes of IC 34-18, has the meaning
set forth in IC 34-18-2-18.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-77
"Manufacturer"
Sec. 77. (a) "Manufacturer", for purposes of IC 34-20, means a
person or an entity who designs, assembles, fabricates, produces,
constructs, or otherwise prepares a product or a component part of a
product before the sale of the product to a user or consumer.
"Manufacturer" includes a seller who:
(1) has actual knowledge of a defect in a product;
(2) creates and furnishes a manufacturer with specifications
relevant to the alleged defect for producing the product or who
otherwise exercises some significant control over all or a
portion of the manufacturing process;
(3) alters or modifies the product in any significant manner after
the product comes into the seller's possession and before it is
sold to the ultimate user or consumer;
(4) is owned in whole or significant part by the manufacturer;
or
(5) owns in whole or significant part the manufacturer.
(b) A seller who discloses the name of the actual manufacturer of
a product is not a manufacturer under this section merely because the
seller places or has placed a private label on a product.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-78
"Mediation"
Sec. 78. "Mediation", for purposes of IC 34-57-3, means a process
where at least two (2) disputing parties choose to be guided to a
mutually agreeable solution with the aid of a mediator.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-79
"Mediator"
Sec. 79. "Mediator", for purposes of IC 34-57-3, means a neutral
and impartial person who assists in the resolution of a dispute
through the mediation process.
As added by P.L.1-1998, SEC.1.
IC 34-6-2-80
"Mental health service provider"
Sec. 80. "Mental health service provider", for purposes of
IC 34-30-16, means any of the following:
(1) A physician licensed under IC 25-22.5.
(2) A hospital licensed under IC 16-21.
(3) A private institution licensed under IC 12-25.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(6) A postsecondary educational institution counseling center
under the direction of a licensed psychologist, physician, or
mental health pr