2018 Indiana Code
TITLE 34. Civil Law and Procedure
ARTICLE 51. DAMAGES
CHAPTER 6. Right of Contribution for Railroad Entities Liability Act
34-51-6-1. Right of contribution

Universal Citation: IN Code § 34-51-6-1 (2018)
IC 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.

 

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