Sec. 4. The following apply when a landowner grants access to a cemetery that is classified under IC 6-1.1-6.8:

(1) Except for an injury that is a direct result of a landowner’s gross negligence or willful and wanton misconduct, the landowner is immune from civil liability for any injury occurring to the health, life, or property of an invitee or a family member during the time the invitee or family member is present on the landowner’s property.

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Terms Used In Indiana Code 14-21-5-4

  • family member: means a relative or descendant of a person buried in a cemetery. See Indiana Code 14-21-5-1
  • invitee: means an individual who has been given permission by a landowner to visit a cemetery located on the landowner's property. See Indiana Code 14-21-5-2
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) Except for an injury that is a direct result of a guide’s gross negligence or willful and wanton misconduct, a person guiding an invitee or a family member to the cemetery is immune from civil liability for any injury occurring to the health, life, or property of the invitee or family member during the time the guide and the invitee or family member are present on the landowner’s property.

As added by P.L.68-2012, SEC.4.