Indiana Cave Trespassing Laws
Indiana cave trespassing laws are established to define liability between cave owners and explorers. Due to safety hazards in many Indiana caves, according to the University of Indiana, Bloomington, information on the geographical makeup of many subterranean locales is not available. As a result, most Indiana laws pertain to the stability, integrity and safety of the actual structures and cave explorers, respectively. Obeying cave laws is essential for knowing your legal responsibilities. whether you own a cave or are visiting -- with or without permission.
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Protection
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According to the Indiana Cave Protection and Landowner Liability Laws, many cave owners -- or any individual who currently possesses the cave property -- have historically filled or closed off cave openings for fear of legal repercussions if an explorer were to enter with or without permission. Indiana state laws serve to protect owners from potential lawsuits, in most instances, so owners will remain apt to keep caves open for appropriate natural and scientific exploration.
Destruction
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Trespassers who ruin the integrity of any Indiana cave in any way will be served with a Class A misdemeanor, states the Indiana Cave Protection and Landowner Liability Laws. Trespassing can result in a misdemeanor charge. Charges will also result if a cave is physically deformed in any way, for example, if locks to the premises are broken or if a trespasser paints graffiti or renders harm to a cave-dwelling animal. Additionally, Indiana cave laws specify that any person who removes and damages "archeological or paleontological (artifacts) in a cave, for other than scientific purposes" will face criminal prosecution.
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Safety
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A cave owner cannot guarantee the structure is 100 percent safe and sound. As a result, Indiana cave owners maintain legal leverage over any trespasser who enters and is harmed on the premises from a cause relating to natural circumstances. In other words, owners may not be held liable for personal injury of any person who legally or illegally enters his cave. State law also protects owners from those who paid or have previously paid to enter the cave and were subsequently injured.
Owner Liability
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Any trespasser -- Indiana state resident or otherwise -- may attempt to seek legal retribution under specific circumstances. Any Indiana cave owner is responsible for installed, man-made objects or devices and may be held liable if a person who enters -- legally or not -- is injured as a result of the failure of a door or gate, for example. A cave owner is also prohibited from consciously creating circumstances that will cause trespassers harm -- setting up traps, for instance.
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