Posted: 2/9/2010
Indiana: Supreme Court Addressed Tort Claim Immunity, Temporary Weather Conditions
Indiana’s Tort Claims Act provides immunity to governmental units from liability for losses caused by temporary weather conditions. The Indiana Supreme Court has previously held that such immunity is applicable during the period of reasonable response to weather conditions. In a case decided by the Supreme Court on Jan. 27, the Supreme Court held that the period of immunity lasts at least until the weather condition has stabilized and immunizes the governmental entity from liability for alleged flaws in its remedial actions.