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  5. Indiana Construction Accident Claims Are Subject to Strict Time Limitations

Indiana Construction Accident Claims Are Subject to Strict Time Limitations

Parr Richey Frandsen Patterson Kruse LLP | Sep 11, 2019 | Construction Accidents, Premises Liability |

Understanding the limitations of Indiana personal injury law is essential. A lack of understanding can result in filing a claim that is a waste of time and money. A state appellate court recently dismissed a personal injury case that the court found was filed two years too late. According to the court’s opinion, in June 2016, the plaintiff filed an amended complaint for damages that he claimed he sustained on about June 6, 2012.

Evidently, the plaintiff was climbing an attic ladder in a residential home in order to repair a leak when the ladder collapsed. The plaintiff alleged that the defendant construction company that built and sold the home and was negligent in failing to ensure that the ladder was secure and properly installed. The defendant argued that the suit was barred by the applicable ten-year statute of repose. Similar to statutes of limitations, statutes of repose limit the time during which a claim can be filed. Yet, unlike statutes of limitations, statutes of repose are construed more strictly to provide a finite period of time during which the claim must be filed.

The defendant claimed that in July 2003, it entered into an agreement with the home’s original owners, agreeing to build and sell the home to the owners. The construction was completed around April 30, 2004, and the owners took possession of the home on May 7, 2004. The plaintiff argued that the claim was not founded on the “construction of an improvement to real property.”

The court disagreed. It held that the attic ladder was an addition to real property that added value or utility, by allowing people to easily access the attic. Thus, it qualified as an improvement to the property. The court noted that this decision was in line with other cases, which generally held that improvements included installations that were carried out as part of the construction of the home, made the property more useful or valuable, required labor and money, were not merely a repair or replacement, and were affixed to the home. The court further found that the allegedly negligent installation of the ladder qualified as “construction of an improvement to real property,” because, according to the court, adding the pre-assembled ladder to the attic opening constituted construction. In this case, the owners took possession of the home on May 7, 2004, and the contract was completed on that date. Therefore, the statute of repose ran out on May 7, 2014, and the plaintiff’s claim was filed too late.

Under section 32-30-1-5 of the Indiana Code, claims stemming from injury or death related to “the design, planning, supervision, construction, or observation of construction of an improvement to real property” cannot be brought against a party unless the action is commenced within the earlier of ten years after the date of substantial completion of the improvement or twelve years after the completion and submission of plans and specifications to the owner if the action is for a deficiency in the design of the improvement.”

Have You Been Injured?

If you have been injured, contact an attorney who can knowledgeably advise you and help you pursue a successful claim. At the Indiana personal injury law firm of Parr Richey Frandsen Patterson Kruse, our personal injury attorneys will carefully assess your claim and advise you of your options. We provide aggressive advocacy to our clients in all types of personal injury claims, including Indiana slip and fall accidents and construction accidents. Our experienced attorneys have not only a passion for the law, but a commitment to obtaining the compensation that our clients need and deserve. To reach one of our attorneys, call us at 888-532-7766 or complete our online form today.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

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What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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