Breach of Statutory Duty: When Can You Sue for Damages?
A breach of statutory duty occurs when an individual or entity fails to comply with a duty that is imposed by statute (i.e., a written law passed by the legislature). Unlike common law duties, which are developed through judicial decisions and precedents, statutory duties are expressly written into laws or regulations.
In Indiana, as in most U.S. states, statutory duties exist across various fields of law, including personal injury, employment, landlord-tenant relations, business operations, and environmental protection. The violation of these duties can sometimes give rise to a civil lawsuit for damages, if certain legal conditions are met.
It’s important to know your rights in these situations so you can follow the legal process to get what you’re owed. Smid Law in Fishers, Indiana, can help if you fall victim to a breach of statutory duty. Here, we’ll outline how these duties work and the process when things go wrong.
The Nature of Statutory Duties
A statutory duty may be a few different types.
Specific or general – It may apply to a specific group (e.g., employers) or to the general public.
Absolute or conditional – Some duties are absolute (no exceptions allowed), while others may include conditions or exceptions.
Protective in nature – Most statutory duties are designed to protect a certain class of people from harm, injury, or exploitation.
Examples of statutory duties in Indiana include:
The duty of a driver to stop at a red light (per Indiana Code § 9-21-3-7).
The duty of landlords to maintain safe and habitable rental premises (per Indiana Code § 32-31-8).
The duty of employers to provide a safe workplace (per OSHA and Indiana Occupational Safety and Health statutes).
The duty to report certain injuries or child abuse (per Indiana Code § 31-33-5-1).
These examples follow the type that are civil in nature while protecting general freedoms.
When a Breach of Statutory Duty May Lead to Damages
To sue for damages due to a breach of statutory duty in Indiana, several legal elements and conditions must be met. Indiana courts typically require the following:
The Statute Must Impose a Duty
The first step is determining whether the statute in question actually imposes a duty on the defendant. Courts assess whether the law mandates a certain action or abstention.
For example, if a statute requires all buildings to have working smoke detectors and a landlord fails to comply, that could establish a statutory duty.
The Plaintiff Must Be in the Class of Persons Intended to Be Protected
Indiana courts will ask whether the statute was intended to protect people like the plaintiff. If the statute was designed to prevent the type of harm suffered, and the plaintiff is among the people the law was designed to protect, this supports a viable claim.
For example, traffic safety laws are intended to protect drivers, pedestrians, and passengers. If a pedestrian is hit because a driver ran a red light, the pedestrian is within the protected class.
The Violation Must Have Caused Harm
There must be a causal link between the statutory violation and the harm the plaintiff suffered. This includes both:
Cause-in-fact: The harm wouldn’t have occurred “but for” the violation.
Proximate cause: The harm must have been a foreseeable result of the breach.
The Plaintiff Must Have Suffered a Compensable Injury
Civil lawsuits require that the plaintiff suffered actual harm as a result of the breach.
Kinds of harm can include physical injury, emotional distress, or financial loss.
Negligence Per Se and Breach of Statutory Duty
One of the most important doctrines in Indiana law that applies to breach of statutory duty is negligence per se.
What Is Negligence Per Se?
Negligence per se is a legal concept in tort law whereby a defendant’s violation of a statute constitutes automatic breach of a duty of care if:
The statute or regulation is intended to protect the public
The plaintiff is within the class of persons intended to be protected
The harm suffered is the type the statute was designed to prevent
In Indiana, this doctrine doesn’t automatically create liability, but it shifts the analysis. Once negligence per se is established, the court considers it prima facie evidence of negligence, meaning that unless the defendant can offer a valid excuse, they’re likely to be found liable.
For example, if a contractor fails to follow building codes, and a balcony collapses as a result, the court may find negligence per se if the injured party was someone the code was meant to protect.
Key Indiana Case: Larkins v. Kohl’s Food Stores, Inc.
In Larkins v. Kohl’s Food Stores, Inc., 749 N.E.2d 1226 (Ind. Ct. App. 2001), the Indiana Court of Appeals addressed a case involving negligence per se. The court held that a violation of a statute or ordinance can establish a breach of duty, but the plaintiff still needs to prove causation and damages.
When Can Someone Sue for Damages?
The ability to sue for a breach of statutory duty in Indiana depends on several factors.
Express Private Right of Action
Some statutes explicitly allow a private person to sue for violations. These are easier cases, since the legislature has clearly intended to provide civil remedies.
Example: Indiana’s Wage Payment Statute (Indiana Code § 22-2-5) provides employees the right to sue for unpaid wages and recover damages, including liquidated damages and attorney fees.
Implied Right of Action
If the statute doesn’t explicitly say individuals can sue, Indiana courts may still find an implied private right of action, based on legislative intent. Courts look at several factors:
Was the statute intended to protect a particular group?
Was the statute intended to prevent the type of harm that occurred?
Is a private lawsuit consistent with the statute’s purpose?
Indiana courts are generally reluctant to imply a private right of action unless there’s strong evidence the legislature intended it.
Case Example: In Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006), the Indiana Supreme Court declined to create an implied private right of action under the Indiana Constitution’s search and seizure provision, reinforcing the cautious approach courts take.
As Evidence of Negligence in a Common Law Claim
Even if a statute doesn’t permit a private right of action, a plaintiff may use the violation of that statute as evidence of negligence in a personal injury claim.
This is often the route taken in car accident cases or premises liability lawsuits. For example, if someone falls on a sidewalk that violates building safety codes, that violation can help establish negligence in a tort claim.
Defenses and Limitations
Even when a plaintiff successfully shows that a statutory duty was breached, the defendant may raise defenses. These can include:
Contributory Fault
Indiana follows a modified comparative fault system (Indiana Code § 34-51-2-6). A plaintiff’s damages may be reduced in proportion to their own fault. If the plaintiff is more than 50% at fault, they can’t recover damages.
Statute of Limitations
Most personal injury actions in Indiana must be filed within two years of the injury (Indiana Code § 34-11-2-4). Claims based on breach of statutory duty must be filed within the appropriate time frame, or they’re barred.
Governmental Immunity
When the defendant is a government agency or official, the Indiana Tort Claims Act (Indiana Code § 34-13-3) may limit or bar recovery. Plaintiffs must follow strict notice requirements and may face immunity defenses.
Common Situations Involving Breach of Statutory Duty
Here are several examples of how breach of statutory duty may lead to a lawsuit in Indiana:
Traffic Accidents
Statutory violations such as speeding, failing to yield, or driving under the influence can constitute negligence per se. Injured parties may use the traffic violation to bolster their personal injury claims.
Landlord-Tenant Disputes
Under Indiana law, landlords must maintain rental properties in a habitable condition. Violating these duties (e.g., failure to provide heat or running water) can lead to a tenant suing for damages, particularly if the tenant suffers illness or property loss.
Employment Law Violations
If an employer violates wage laws or workplace safety regulations, employees may be entitled to damages. Indiana provides private rights of action in many such cases.
Consumer Protection
Indiana’s Deceptive Consumer Sales Act (Indiana Code § 24-5-0.5) allows consumers to sue for damages. This is most often after they have been misled or defrauded in the sale of goods or services.
Contact Smid Law Today
In Indiana, a breach of statutory duty can lead to civil liability. Courts examine whether the statute was intended to protect the plaintiff, whether a private right of action exists, and whether the breach directly caused harm. Individuals who believe they have been harmed due to another’s failure to follow the law should consult legal counsel. We serve clients in Indianapolis, Fishers, Carmel, Noblesville, Zionsville, Hamilton County, and Marion County. Reach out today.