2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 30. IMMUNITY FROM CIVIL LIABILITY CHAPTER 3. AGRICULTURE: IMMUNITY FROM CIVIL LIABILITY FOR ALLOWING THE GLEANING OF AGRICULTURAL PRODUCTS
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IC 34-30-3
Chapter 3. Agriculture: Immunity From Civil Liability for
Allowing the Gleaning of Agricultural Products
IC 34-30-3-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 2 of this chapter by P.L.17-2001
applies only to a cause of action that accrues after June 30, 2001. The
enactment of section 2 of this chapter by P.L.17-2001 may not be
considered in determining liability for a cause of action that accrues
before July 1, 2001.
As added by P.L.220-2011, SEC.563.
IC 34-30-3-1
Liability to licensees
Sec. 1. An operator that allows the land or premises of the
operator to be used by another person without compensation for the
purpose of gleaning agricultural products is immune from civil
liability to the person if the person is injured while on the land or
premises of the operator, unless the person's injury is a direct result
of the gross negligence or willful or wanton misconduct of the
operator.
As added by P.L.1-1998, SEC.26.
IC 34-30-3-2
Immunity from civil liability
Sec. 2. (a) The definitions set forth in IC 22-11-20 apply to this
section.
(b) Except as provided in subsection (c), the victim or an agent of
the victim of a theft (IC 35-43-4-2(a)) or criminal conversion (IC
35-43-4-3) of:
(1) anhydrous ammonia (NH3);
(2) an ammonia solution; or
(3) a container used to store or transport anhydrous ammonia or
an ammonia solution;
is immune from civil liability for injury or damage resulting from the
possession or use of the anhydrous ammonia, ammonia solution, or
container by another person to commit a violation of IC 35-48-4.
(c) A victim or an agent described in subsection (b) is not immune
from civil liability under subsection (b) if:
(1) the victim or agent committed a crime involving the
anhydrous ammonia, ammonia solution, or container that is the
subject of the theft or criminal conversion; or
(2) the victim's or agent's willful or intentional commission of
a violation of an applicable law, rule, or regulation governing
the:
(A) design;
(B) construction;
(C) location;
(D) installation; or
(E) operation;
of equipment for storage, handling, use, or transportation of
anhydrous ammonia or ammonia solution proximately caused
the theft or criminal conversion.
As added by P.L.17-2001, SEC.10.
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