Indiana Code 14-27-7.3-11. Department immunity from liability

Sec. 11. (a) The state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state.

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low head dam: means a manmade in-channel structure in a watercourse that is capable of generating hazardous recirculating currents that pose a risk to public health and safety and causes the watercourse to have a vertical drop of twenty-five (25) feet or less. See Indiana Code 14-27-7.3-2

(b) Nothing in this chapter limits an owner’s liability for any damage, loss, or injury that is caused by a low head dam.

As added by P.L.104-2020, SEC.3.