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Repealed
(Repealed by P.L.133-2002, SEC.69.)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, includesall damages that the plaintiff may have suffered in respect to theplaintiff's character, property, business, trade, profession, oroccupation.
(b) "Actual damages", for purposes of IC 34-15-4, means alldamages that the plaintiff may have suffered in respect to theplaintiff's reputation, property, business, trade, profession, oroccupation.
(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 themeaning 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 apayment made:
(1) by:
(A) the defendant in an action to recover damages forpersonal 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 primarycontrol 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IC 34-6-2-4 (Repealed by P.L.205-2003, SEC.44.)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 meaningset forth in IC 4-20.5-1-3. The term includes any institutionsupported by taxes.
(b) "Agency", for purposes of IC 34-52-2, refers to any electedofficial or other authority exercising any of the executive, includingadministrative, authority of the state. The term does not include thelegislative or judicial department of state government or a politicalsubdivision.
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, meansany of the following:
(1) A person who has an interest in property or in an enterprisethat:
(A) is the object of corrupt business influence (IC35-45-6-2); or
(B) has suffered damages or harm as a result of corruptbusiness influence (IC 35-45-6-2).
(2) An individual whose personal safety is threatened bycriminal gang (as defined in section 32 of this chapter) activity.
(3) An individual or a business whose property value orbusiness activity is negatively affected due to criminal gang (asdefined in section 32 of this chapter) activity.
(4) A political subdivision in which criminal gang (as definedin section 32 of this chapter) activity negatively affects theproperty values or business activity of the political subdivisionor 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, meansa natural product of a farm, a nursery, a grove, an orchard, avineyard, a garden, or an apiary. The term includes trees andfirewood.
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 themeaning 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 themeaning 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 armoryconstructed 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 themeaning 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 thesheriff of a county other than the county in which a writ ofattachment 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 anauctioneer 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 meaningset 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, ifthe 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 underIC 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 ofcompetent 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 inIC 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, includesalcoholic 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 eachbusiness, 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 communitydispute 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 ofIC 34-40-4, means a document that is:
(1) a copy of a certificate of title for a motor vehicle, bywhatever name designated, that is issued by the bureau of motorvehicles or a governmental entity in another state;
(2) prepared from a record of the governmental entity issuingthe certificate of title; and
(3) certified by the officer having legal custody of the recorddescribed 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 underIC 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 meaningset forth in IC 34-23-2.
(b) "Child", for purposes of IC 34-30-11, includes a child of anyage.
(c) "Child", for purposes of IC 34-31-4, means an unemancipatedperson 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 anegotiable instrument or other written contract to pay money thatcontains a provision or stipulation:
(1) giving to any person a power of attorney, or authority asattorney, for the maker, endorser, assignor, or other personliable on the negotiable instrument or contract, and in the nameof 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 themoney claimed to be due;
(2) authorizing or purporting to authorize an attorney, agent, orother representative, however designated, to confess judgmenton the instrument for a sum of money when the sum is to beascertained, or the judgment is to be rendered or enteredotherwise than by action of court upon a hearing after personalservice upon the debtor, whether with or without attorney's fee;or
(3) authorizing or purporting to authorize an attorney, agent, orrepresentative 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 ofIC 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 themeaning 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, hasthe 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 ofIC 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 ofIC 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 thischapter, does not include payments:
(1) to reimburse the expenses of a qualified director (as definedin section 127 of this chapter); and
(2) for per diem.
(b) "Compensation", for purposes of IC 34-30-18, means anythingof value given as payment for performing a function. The term doesnot include:
(1) payment for expenses, prizes, or trophies; or
(2) a payment to an individual of fifteen dollars ($15) or less forperforming one (1) or more functions during a day.
(c) "Compensation", for purposes of IC 34-30-19, does notinclude the following:
(1) Reimbursement or payment of reasonable expenses incurredfor the benefit of a sports or leisure activity.
(2) Any award, meal, or other gift that does not exceed onehundred dollars ($100) in value and is given as a token ofappreciation or recognition.
(3) Any per diem payment that does not exceed fifty dollars($50) for personal services as a referee, umpire, judge, orassistant 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 theinjured party, was in possession and control of the product inquestion; or
(4) any bystander injured by the product who would reasonablybe expected to be in the vicinity of the product during itsreasonably 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 themeaning 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 purposesof 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 thecourt awarding a judgment.
(b) "Court", for purposes of IC 34-57-2, has the meaning set forthin 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 anewspaper 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 oran equitably enforced monetary obligation or liability of anindividual 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 thedepartment 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 actof self-defense, the occurrence of at least one (1) of the followingacts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causingphysical harm to another family or household member.
(2) Placing a family or household member in fear of physicalharm.
(3) Causing a family or household member to involuntarilyengage in sexual activity by force, threat of force, or duress.
(4) Beating (as described in IC 35-46-3-0.5(2)), torturing (asdescribed in IC 35-46-3-0.5(5)), mutilating (as described inIC 35-46-3-0.5(3)), or killing a vertebrate animal withoutjustification 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 alsoincludes stalking (as defined in IC 35-45-10-1) or a sex offense underIC 35-42-4, whether or not the stalking or sex offense is committedby 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 ofauctioneer services a valid and enforceable bid will be made atthe execution for a sale price equal to or greater than theamount of the judgment and the costs and expenses necessaryto 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 anoccurrence or an imminent threat of an occurrence that involves ahazardous substance or compressed gas and that creates thepossibility 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 ofIC 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", forpurposes 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", forpurposes 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 ofsection 91 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, andIC 34-30-14, mean a person presently or formerly acting on behalf ofa governmental entity, whether temporarily or permanently or withor without compensation, including members of boards, committees,commissions, authorities, and other instrumentalities ofgovernmental entities, volunteer firefighters (as defined inIC 36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed bythe governmental entity as employees or independent contractors andphysicians licensed under IC 25-22.5 and optometrists who providemedical or optical care to confined offenders (as defined inIC 11-8-1) within the course of their employment by or contractualrelationship with the department of correction. However, the termdoes not include:
(1) an independent contractor (other than an attorney at law, aphysician, 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 advisoryor honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claimagainst the physician for an act or omission occurring orallegedly 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 includesa person that engages in an act or omission before July 1, 2004, inthe 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'sduties 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'sduties; 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.4and 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 meaningset 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 paradesthat involve equines and any of the equine disciplines, includingdressage, hunter and jumper horse shows, grand prix jumping,three (3) day events, combined training, rodeos, driving,pulling, cutting, polo, steeplechasing, English and westernperformance 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, whetheror not monetary consideration or anything of value isexchanged.
(5) Rides, trips, hunts, or other equine activities of any type(even if informal or impromptu) that are sponsored by an equineactivity 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 anequine 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, meansa person who, for compensation:
(1) instructs a participant on riding, driving, or being apassenger 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 ofIC 34-30-15, relates to:
(1) the accuracy of diagnosis;
(2) the propriety, appropriateness, quality, or necessity of carerendered 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 methodsused 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 andIC 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 exemptorganization.
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, meansprotected from a judicial lien, process, or proceeding to collect adebt.
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, meansprotection from a judicial lien, process, or proceeding to collect adebt.
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 specificallydesignated 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 apublic 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 section44.5 of this chapter and IC 34-13-3, means any of the followingnonmotorized 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 theIndiana 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 byan independent certifying organization that is approved andmonitored under Rule 30 of the Rules for Admission to the Bar;
(2) a private judge qualified under Rule 1.3 of the IndianaSupreme Court Rules for Alternative Dispute Resolution;
(3) an individual who is a former magistrate or commissioner ofan Indiana court of record; or
(4) an attorney who is a registered domestic relations mediatorunder Rule 2.5(B) of the Indiana Supreme Court Rules forAlternative 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" ofanother 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 theother 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 tothose 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 bothpersons 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 oromission that is negligent, willful, wanton, reckless, or intentionaltoward the person or property of others. The term includes thefollowing: (1) Unreasonable failure to avoid an injury or to mitigatedamages.
(2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before itsrepeal) that a person is subject to liability for physical harmcaused by a product, notwithstanding the lack of negligence orwillful, wanton, or reckless conduct by the manufacturer orseller.
(b) "Fault", for purposes of IC 34-51-2, includes any act oromission that is negligent, willful, wanton, reckless, or intentionaltoward the person or property of others. The term also includesunreasonable assumption of risk not constituting an enforceableexpress consent, incurred risk, and unreasonable failure to avoid aninjury 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 foundby a court under IC 34-52-2 to be necessary for the preparationof 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 forthe preparation of the petitioner's case;
(3) any reasonable discovery expenses, that are found by a courtunder IC 34-52-2 to be necessary for the preparation of thepetitioner'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 ofIC 34-30-10.5, includes vehicles, firefighting tools, protective gear,breathing apparatuses, and other supplies, equipment, and tools usedin 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 itemthat may be ingested as a normal part of the human diet. The termincludes food that was prepared for serving by a food source (asdefined in section 48 of this chapter) but not served by the foodsource.
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 ofthe 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 educationalinstitution.
(7) A fraternal organization or veterans organization.
(8) Any other person that prepares and serves food toindividuals 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 ofIndiana.
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 ofIC 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 anindependent proceeding or as part of another criminal or civilproceeding.
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 ofthis chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4, means the stateor a political subdivision of the state. (b) "Governmental entity", for purposes of section 103(j) of thischapter, 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 anonprofit corporation or an organization that administers acommunity 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 purposesof IC 34-30-12-1, means the giving of emergency care (including theuse of an automatic external defibrillator):
(1) that was volunteered without legal obligation on the part ofthe person rendering the emergency care; and
(2) for which the person rendering the emergency care does notexpect remuneration.
(b) Emergency care may not be considered to be gratuitouslyrendered emergency care solely because of the failure to send a billfor 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 hazardousor potentially hazardous to any individual, to property, or to theenvironment by the United States Environmental ProtectionAgency, the federal Nuclear Regulatory Commission, theUnited States Department of Transportation, the solid wastemanagement board, or the United States Occupational Safetyand Health Agency or any agent or designee of any of the abovementioned boards, agencies, or commission; or
(2) any substance that may be potentially hazardous to anyperson, 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 meaningset 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, hasthe meaning set forth in IC 34-18-2-14.
(b) "Health care provider", for purposes of IC 34-30-12.5, has themeaning 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 insubdivisions (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 firstresponders under IC 16-31-2; or
(6) any other services or goods furnished for the purpose ofpreventing, 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 themeaning 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 apassenger 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 127of 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 otherdocuments governing the entity, to:
(A) acquire, transfer, manage, repair, maintain, or engage inconstruction on or in the land and improvements on the landrelated to the use of the dwellings owned by the members ofthe corporation;
(B) purchase insurance to cover a casualty or an activity onor in the land and improvements on the land;
(C) engage in an activity incidental to an activity describedin clause (A) or (B); or
(D) engage in more than one (1) of the activities describedin 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 setforth 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 hospitalpatient 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 drugthat 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, meansthe support system of illegal drug related operations, from productionto 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 ofIC 34-24-4, means the following areas where a person participates inthe illegal drug market:
(1) The county in which the person's place of participation islocated if the person violates a statute concerning possession ordealing of an illegal drug that is punishable as a Class D felony.
(2) The county described in subdivision (1) plus all countieswith a border contiguous to the county if the person violates astatute concerning possession or dealing of an illegal drug thatis punishable as a Class C felony.
(3) The counties described in subdivision (2) plus all countieswith a border contiguous to those counties if the person violatesa statute concerning possession or dealing of an illegal drug thatis punishable as a Class B felony.
(4) Indiana if the person violates a statute in Indiana concerningpossession or dealing of an illegal drug that is punishable as aClass 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 andIC 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 bythe 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 themeaning 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, and121.6 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 Nativevillage or regional or village corporation as defined in orestablished under the Alaska Native Claims Settlement Act (43U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and servicesprovided by the United States to Indians because of their specialstatus 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, meansan individual whose illegal drug use is the basis of an action broughtunder 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 ofIC 34-31-5, means the dangers or conditions that are an integral partof equine activities, including the following:
(1) The propensity of an equine to behave in ways that mayresult in injury, harm, or death to persons on or around theequine.
(2) The unpredictability of an equine's reaction to such thingsas sound, sudden movement, unfamiliar objects, people, orother 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 mannerthat may contribute to injury to the participant or others, suchas failing to maintain control over the animal or not actingwithin 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 ofIC 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 meaningset forth in IC 34-18-2-17.
(b) "Insurer", for purposes of IC 34-53, has the meaning set forthin 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 themeaning 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 ofIC 34-26-5-17, means the state or Indian tribe whose tribunal issuesa 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, and73.7 of this chapter, means a lien on property obtained by ajudgment, levy, or another legal or equitable process or proceedinginstituted 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 civilactions", for purposes of IC 34-13-5, means the statutes, includingbut not limited to IC 34-13-5 (and IC 34-4-17 before its repeal), andany 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 thatmakes a seizure under IC 34-24-1 (or IC 34-4-30.1 before itsrepeal) for the criminal investigation associated with theseizure;
(2) repayment of the investigative fund of the law enforcement
agency that makes a seizure under IC 34-24-1 to the extent thatthe agency can specifically identify any part of the money ashaving been expended from the fund; and
(3) expenses of the prosecuting attorney associated with thecosts of proceedings associated with the seizure and theoffenses 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 andIC 34-55-10, means the seizure of property under a writ ofattachment, a garnishment, an execution, or a similar legal orequitable 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 andIC 34-55-10, means a security interest, judicial lien, statutory lien,common law lien, or another interest in property to secure thepayment 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 toor death of a person or damage to property.
(b) "Loss", for purposes of IC 34-30-6, means injury to or deathof 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 meaningset 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 aperson or an entity who designs, assembles, fabricates, produces,constructs, or otherwise prepares a product or a component part of aproduct 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 specificationsrelevant to the alleged defect for producing the product or whootherwise exercises some significant control over all or aportion of the manufacturing process;
(3) alters or modifies the product in any significant manner afterthe product comes into the seller's possession and before it issold 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 ofa product is not a manufacturer under this section merely because theseller 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 processwhere at least two (2) disputing parties choose to be guided to amutually 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 neutraland impartial person who assists in the resolution of a disputethrough 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 ofIC 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 ofeducation.
(6) A postsecondary educational institution counseling centerunder the direction of a licensed psychologist, physician, ormental health pr