Ind. Code ch. 34-51-6

Ind. Code ch. 34-51-6
in effect

Ind. Code § 34-51-6-1 Right of contribution

Sec. 1. (a) A railroad entity subject to liability under the Federal Employers' Liability Act (45 U.S.C. 51), including liability for a violation of the Safety Appliance Act (49 U.S.C. 20302 et seq.) or the Locomotive Inspection Act (49 U.S.C. 20701 et seq.), has a right of action for contribution against any other person or entity that: (1) is not an employee of the railroad entity; and (2) may be at fault for an injury or death that gives rise to the action or claim against the railroad entity. (b) A railroad entity has a right of contribution if the railroad entity has paid more in damages than the railroad entity's percentage of fault. (c) A railroad entity's total recovery under this chapter is limited to the amount paid by the railroad entity that exceeds the railroad entity's percentage of fault. (d) This chapter does not impair any rights of indemnity under law. As added by P.L.107-2018, SEC.2.

Ind. Code § 34-51-6-2 Determination of percentage of fault; amount of damages

Sec. 2. (a) In an action brought under this chapter, a trier of fact shall determine each person's: (1) percentage of fault; and (2) amount of damages consistent with the apportionment of fault under subdivision (1). (b) In an action brought under this chapter, legal requirements of causal relation apply to contributory fault. As added by P.L.107-2018, SEC.2.

Ind. Code § 34-51-6-3 Enforcement of right of contribution; time limit

Sec. 3. (a) A railroad entity may enforce a right of contribution under this chapter in: (1) the original action brought against the railroad entity; or (2) a separate action brought for that purpose, if the original action is no longer pending. (b) If there is a judgment for damages against a railroad entity, the railroad entity must bring an action for contribution not later than one (1) year after the judgment is final: (1) by lapse of time for appeal; or (2) after appellate review. (c) If there is no judgment for damages against a railroad entity, any separate action by the railroad entity to enforce contribution is barred, unless the railroad entity: (1) discharges the liability by settlement; and (2) starts the action for contribution not later than one (1) year after the railroad entity's payment of damages. As added by P.L.107-2018, SEC.2.

Ind. Code § 34-51-6-4 Bifurcation of original claim

Sec. 4. (a) If a railroad entity enforces a right of contribution in the original action brought against the railroad entity under section 3(a)(1) of this chapter, the plaintiff in the original action may seek to bifurcate the plaintiff's claim from the contribution claim of the railroad entity. (b) Upon the plaintiff's motion for bifurcation, the court may order the bifurcation of the plaintiff's claim, and allow the plaintiff's claim to proceed in advance of the contribution claim of the railroad entity. As added by P.L.107-2018, SEC.2.

Ind. Code § 34-51-6-5 No right of contribution of liability relating to occupational disease

Sec. 5. A defendant does not have a right of action of contribution against a third party under this chapter if liability in whole or in part relates to an occupational disease (as defined in IC 22-3-7-10). As added by P.L.107-2018, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026