Bose McKinney & Evans appelate law blog

Does an Indiana County Sheriff owe a common law duty to warn the public of known hazardous conditions on a county road?  The Indiana Supreme Court recently decided that as long as the County Sheriff's Department does not own, maintain, or control the county road, the Sheriff does not have a common law duty to warn motorists of dangerous conditions.

In Putnam County Sheriff v. Pamela Price, No. 60S01-1012-CV-665, Pamela Price was driving on a county road when she encountered ice across the roadway. Price lost control of her car and suffered injuries in the resulting accident. Earlier that morning, a deputy sheriff had been called to the same location because of an earlier accident caused by the same icy conditions. The deputy contacted the Putnam County Highway Department, advised the Highway Department of the conditions on the road, but left the area without taking any further action. Price argued the deputy was negligent “in failing to take any steps to alleviate the icy and hazardous condition or warn the traveling public of the known hazard.”

The Supreme Court concluded that, absent ownership, maintenance, or control of the county road, the Sheriff had no duty to warn the public of the hazardous conditions. The duty to warn rested with the county supervisor who was specifically given the job to supervise, maintain, and repair the highways within the county. The Court wrote:  “Absent a duty, there can be no breach of duty and thus no negligence or liability based upon the breach.”

Justice David concurred with the Court's decision but was “hesitant for the subsequent application of this holding that the sheriff can escape any liability on the basis of non-maintenance and control of the county roadway.” Justice David believed that in certain circumstances a sheriff owes a duty of ordinary and reasonable care by remaining on the scene until assistance arrives.