Indiana Tort Laws

Indiana-based manufacturer Johns Dental Laboratories faced investigations over its device called the Anterior Growth Guidance Appliance, which allegedly damaged over 10,000 users’ teeth. AGGA had been used off-label for sleep apnea and temporomandibular joint disorder, or TMJ, without FDA clearance. 

Users of the device reported serious complications, such as tooth loss or dislocation, difficulty eating, chronic pain, or damaged gums. Due to these injuries, more than 20 lawsuits were filed against entities linked to the device, including dentist Steve Gallella, Facial Beauty Institute, Orthologic, and OrthoMatrix Corp., Inc. 

The lawsuits brought against these defendants were product liability claims, which fall under Indiana’s tort laws. A tort is a civil wrongdoing carried out by one party that causes loss or harm to another. It is different from personal injury, as tort is a broader concept that covers all types of harm (including physical harm and legal rights invasion) for either an individual or an entity. Meanwhile, personal injury specifically focuses on an individual’s sustained injury.

Product liability claims, which involve hundreds of victims, often lead to lawsuits like mass torts. This article will expound on the types of mass torts, deadlines for filing lawsuits, and the relevant court process in Indiana. 

Basic Tort Categories in Indiana

Negligent Torts

If an individual in Indiana suffers an injury due to another person’s negligence, the incident may fall under negligent torts, which are commonly filed as a personal injury lawsuit. To prevail, the plaintiff (or the person suing) must prove the elements of negligence:

• The negligent party owed the plaintiff a duty of care.

• The standard duty of care was breached.

• The plaintiff sustained injuries as a result of the said party’s actions.

• Due to the injuries, the plaintiff suffered measurable losses.

Intentional Torts

There are two common types of intentional torts in Indiana: battery and assault.

Assault happens when a person threatens another with violence. Battery is said to happen when one person makes unwanted physical contact with another. This conduct can be described as insolent, angry, or rude.

Although battery is an act of physical harm, showing signs of injury is not required to prove the case. As long as the plaintiff can prove that the defendant touched them in an insolent or angry manner, the defendant can be held responsible for intentional tort.

Other types of intentional tort in Indiana include:

• Defamation: False statements created to ruin a person’s or a business’s reputation fall under this category, which is divided into two. One is libel, which involves defamatory statements in written form. The oral counterpart is known as slander.

• Intentional infliction of emotional distress, or IIED: This tort arises when one’s outrageous conduct deliberately results in another person’s severe emotional ordeal. 

Strict Liability Torts

Strict liability torts, also known as absolute liability torts, hold negligent parties responsible without having to prove direct culpability. This legal principle applies to individuals or entities, no matter their intent. 

One of the most common examples of strict liability torts is product liability. In cases like this, the injured party needs to prove that their injuries were caused by a defective product. To do this, they must demonstrate that the product was sold or made in a way that was unsafe when the buyer purchased it.

Other Tort Categories in Indiana

Economic Torts

Acts that cause economic loss or reputation damage to an entity are called economic or business torts. These can be committed by individuals, business entities, and company employees. 

Some examples of economic torts are:

• Breach of fiduciary duty.

• Trade libel or injurious falsehood.

• Unfair competition.

• Restraint of trade.

• Breach of contract.

Nuisances

A nuisance refers to a physical condition or activity that can be harmful to an individual or the public in general. It is categorized as:

• Public nuisance: The tortious activity or condition may happen in a public place or occur in such a way that it affects the public, community, or society’s morals. Examples of public nuisances include operating a prostitution business, polluting the water or air, and engaging in rowdy activities in a park. 

• Private nuisance: This action interferes with an individual’s right to enjoy their private property without actually invading it. Some examples are foul odors, excessive noise, ground vibrations, and tree encroachment. 

Tort vs. Crime in Indiana

Crime is described as an offense against the state or federal government, while tort is a civil wrongdoing that causes harm to someone. These are the key differences between the two:

Although distinct, tort and crime laws in Indiana are linked in certain aspects. For example, an assault case can both be a crime and a tort. When the victim calls the police due to assault, the defendant will be arrested and tried in criminal court. The victim may also file a civil case against the defendant to pursue compensation for their injuries. 

Mass Torts in Indiana

Mass torts arise when several people are affected or injured by a single event, product, or action. However, there are cases where multiple defendants are involved, such as the product liability claims on AGGA devices mentioned earlier. 

Mass tort cases are usually categorized as:

• Defective products: Mass tort claims can be for manufacturing or design defects and the absence of warning or safety labels. Designers, manufacturers, and sellers of defective products that cause harm to people can be sued.

• Large-scale accidents: Victims of catastrophic accidents such as trail derailments, multi-home fires, and airline crashes can file a mass tort lawsuit to recover compensation. 

• Natural disasters: People affected by natural disasters such as tornadoes, flooding, and hurricanes may also file mass torts for their losses. For example, insurance companies that fail to pay claims fairly may be sued.  

• Dangerous drugs: Pharmaceutical companies may be liable for the dangerous side effects their products cause to consumers, especially if they fail to warn doctors and patients about them. 

• Toxic substance exposure: Victims who develop serious illnesses after exposure to toxic substances at work or through environmental contact may file a mass tort lawsuit. Some of these toxic substances include asbestos, mold, and lead. 

Filing mass tort lawsuits comes with an advantage, particularly if the plaintiffs are going against a big and powerful company. Their cases are more likely to be heard by the court because of the substantial number of filings.

If you suspect your injuries or those of your loved ones fall under any of the aforementioned categories, consult with a litigation attorney to help you understand your legal options. 

Mass Torts vs. Class Actions

In mass tort cases, people file their own lawsuits, while in a class action, people with similar issues file one big lawsuit against the defendant.

Apart from this, the following are the key differences between the two:

The Mass Tort Process

Similar to a personal injury lawsuit, a mass tort case begins with a legal consultation and evaluation. The attorney may look for similar cases, just like the plaintiff's, or join an existing mass tort process. In some cases, the plaintiff may be the first among the many to file a lawsuit. 

Generally, mass tort claims are just like individual personal injury cases. Most of the time, these cases require extensive checking of medical records and working with expert witnesses, such as doctors and accident reconstructionists. The difference lies in some litigation proceedings unique to these claims. These proceedings are:

Multidistrict Litigation

A multidistrict litigation proceeding, or MDL, is the process in which the plaintiff’s cases are sent to a central court, often a federal one, for common pre-trial work. During the pre-trial process, evidence will be gathered and common issues among the cases will be assessed to avoid repeating the same process over and over for each case.

One example of an MDL proceeding is the Cook Medical IVC Filters case, which was collectively handled in the Southern District Court of Indiana. The claims from consumers using this medical device had common issues, including how the filters were designed, the failure to warn patients and doctors, and how the product was advertised.

Following pre-trial work, each of the plaintiff’s cases will be sent back to the local courts where the lawsuit is filed for the actual trial.

Bellwether Trials

In the legal context, a bellwether refers to a sample case chosen from a group of similar lawsuits. A bellwether trial is therefore a consolidation of lawsuits that are tried in front of a judge. It is beneficial for all parties involved to determine where and how the litigation is going and guide the court’s decision-making for the rest of the cases. 

Cases selected for bellwether trials in Indiana are randomly chosen by a computer. They are based on specific facts set by the MDL judge to preserve a fair representation of all cases.

Indiana Tort Liability Insurance Requirements

There are certain issues that businesses can face, such as receiving complaints and even lawsuits from consumers. In situations like this, businesses can rely on commercial and product liability insurance to cover legal issues arising from the use of their products. 

One of these legal issues is a tort claim filed by a consumer who suffered injuries from the use of a business’s products. This applies to companies that manufacture, sell, or distribute these products. 

Most insurance companies in Indiana combine this policy with commercial liability insurance, which is designed to protect businesses from lawsuits involving advertising offenses or property damage.

The Statute of Limitations for Tort Cases in Indiana

Tort victims in Indiana have to be aware of the deadline or statute of limitations for taking their cases to court. Missing this deadline would remove the plaintiff’s right to claim compensation for their injuries.

The table below will categorize the statute of limitations for different cases:

How Much Can Someone Sue in a Tort Case in Indiana?

Victims of tort cases in Indiana are entitled to damages, which are monetary compensation awarded to them as a result of the harm. There are various types of recoverable damages in Indiana: economic, non-economic, and punitive. 

Economic damages include the plaintiff’s lost wages and medical bills, while non-economic damages involve non-monetary aspects like emotional distress and physical pain. Plaintiffs may also sue for punitive damages, which are damages awarded if the court determines the victim’s malicious intent towards the plaintiff.

Working with a local attorney can help plaintiffs calculate settlement awards based on the details of their case.

Factors that may affect compensation will be further discussed in the succeeding sections. 

Government Agency Claims

The Indiana Tort Claim Act imposes limits of liability, which are capped at $700,000 per person’s case and a $5-million total cap for the mass tort claim. This act also prohibits requiring punitive damages from government bodies.

Punitive Damages Caps

In Indiana, punitive damages have caps at three times the compensatory amount, or not more than $50,000.

For instance, you filed an intentional tort claim against someone who inflicted a physical assault on you. Let’s say the court ordered the defendant to compensate you with $20,000. However, the court also determined that the defendant had malicious intent and deliberately assaulted you, thereby making your case eligible for punitive damages. Because of damage caps, the court may only award you $50,000 instead of tripling the compensatory amount of $20,000.

Comparative Negligence Law in Indiana

If a plaintiff in a tort or personal injury case in Indiana is more than 50% responsible for their injuries, they are prohibited from seeking compensation under state law. 

In situations where the plaintiff was only liable for less than 51% of the injury, they can still recover compensation, but the award will be reduced based on the percentage of fault. 

Other Legal Remedies in Tort Cases in Indiana

Injunction

An injunction is an order from the court that requires a party to refrain from conducting a specific act. It can be utilized for tort cases such as nuisance, defamation, or intentional trespassing. 

For example, the court may issue an injunction to a stalker to stop them from getting near or communicating with the victim. 

Restitution

Restitution is a payment made by the defendant to the plaintiff who was harmed due to the defendant’s wrongful acts. This payment can cover expenses directly related to the incident, such as property damage.

In civil or tort cases in Indiana, restitution can be ordered by the court as a remedy if someone unfairly gained something at someone else’s expense. This means that the court will make an effort to turn things back to their former position by making the person who was unjustly enriched return what they gained.

Legal Resources for Tort Victims in Indiana

Indiana Court Records

Indiana Court Records is a website that users can access to view the structure and organization of the state’s court system, as well as gain access to public court records. On its tort cases page, users can view a comprehensive blog regarding tort cases in Indiana, which is written in a way that the general public can understand. This allows users to easily understand the nature of their claim without needing much explanation from a professional. This website also links other important court pages in Indiana, such as the Indiana Supreme Court and the Indiana Court of Appeals.

Without My Consent

Established in 2011, Without My Consent is a stand-alone nonprofit organization that advocates for the rights of victims of online invasions of privacy. Its 50 State Project discusses legal guides for each state, including Indiana. On the website’s Indiana: Common Law page, users can view the laws that govern defamation in the state. This includes the elements of defamation, along with example cases and their outcomes. 

Without My Consent’s goal is to educate the people, not just in Indiana but throughout the entire United States, that defamation is a crime punishable by law and they should not be afraid to protect their legal rights.

Indiana Free Legal Answers

IN Free Legal Answers is a web page by Indiana Legal Services, Inc. It provides a platform for individuals to ask questions about non-criminal legal problems, such as tort issues. The questions posted on this page will be answered by certified attorneys. IN Free Legal Answers follows ILS’s advocacy of serving people who are unable to afford an attorney.