West’s Annotated Indiana Code
Title 34. Civil Procedure (Refs & Annos)
Article 24. Civil Proceedings Related to Criminal Activities
Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims
IC 34-24-3-2
34-24-3-2 Irrebuttable presumption as to retailer’s damages - Indemnification and insurance prohibited
Currentness:
Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-43-4-2 (theft) or IC 35-43-4-3 (conversion) suffers a pecuniary loss in the amount of:
(1) one hundred dollars ($100) regardless of whether:
(A) the property is returned to the retailer; or
(B) the actual retail value of the property is less than one hundred dollars ($100); or
(2) the retailer’s actual damages;
whichever is greater.
(b) An individual found liable in a civil action under this chapter (or IC 34-4-30 before its repeal) for violating IC 35-43-4-2 or IC 35-43-4-3 may not be indemnified or insured for any penalties, damages, or settlement arising from the violation.
Credits
As added by P.L.1-1998, SEC.19.
Current through 2011 Public Laws approved and effective through 6/28/2011.
West’s Annotated Indiana Code
Title 34. Civil Procedure (Refs & Annos)
Article 24. Civil Proceedings Related to Criminal Activities
Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims
IC 34-24-3-3
34-24-3-3 Defendant subject to criminal prosecution — Punitive damages and treble damages not recoverable.
Currentness:
Sec. 3. It is not a defense to an action for punitive damages that the defendant is subject to criminal prosecution for the act or omission that gave rise to the civil action. However, a person may not recover both:
(1) punitive damages; and
(2) the amounts provided for under section 1 or 1.5 of this chapter.
Credits
As added by P.L.1-1998, SEC.19. Amended by P.L.146-2007, SEC.17.
Notes of Decisions (8)
Current through 2011 Public Laws approved and effective through 6/28/2011.
West’s Annotated Indiana Code
Title 34. Civil Procedure (Refs & Annos)
Article 31. Limited Liability
Chapter 4. Liability of Parent for Damages Caused by Child
IC 34-31-4-1
34-31-4-1 Maximum limit
Currentness:
Sec. 1. Except as provided in section 2 of this chapter, a parent is liable for not more than five thousand dollars ($5,000) in actual damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent’s child if:
(1) the parent has custody of the child; and
(2) the child is living with the parent.
Credits
As added by P.L.1-1998, SEC.27.
Notes of Decisions (22)
Current through 2011 Public Laws approved and effective through 6/28/2011.