34-20-8-1. Assessment of Percentage of Fault
Sec. 1. (a) In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in accordance with IC 34-51-2-7, IC 34-51-2-8, or IC 34-51-2-9. (b) In assessing percentage […]
34-20-9-1. Indemnification From Person Actually at Fault for Defect
Sec. 1. This article does not affect the right of any person who is found liable to seek and obtain indemnity from any other person whose actual fault caused a product to be defective. [Pre-1998 Recodification Citation: 33-1-1.5-6.] As added by P.L.1-1998, SEC.15.
34-20-6-4. Misuse of Product
Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a misuse of the product by the claimant or any other person not reasonably expected by the seller at the time the seller sold or otherwise conveyed the product […]
34-20-2-1. Grounds for Action
Sec. 1. Except as provided in section 3 of this chapter, a person who sells, leases, or otherwise puts into the stream of commerce any product in a defective condition unreasonably dangerous to any user or consumer or to the user’s or consumer’s property is subject to liability for physical harm caused by that product […]
34-20-6-5. Modification or Alteration of Product
Sec. 5. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a modification or alteration of the product made by any person after the product’s delivery to the initial user or consumer if the modification or alteration is the proximate […]
34-20-2-2. Exercise of Reasonable Care; Privity
Sec. 2. The rule stated in section 1 of this chapter applies although: (1) the seller has exercised all reasonable care in the manufacture and preparation of the product; and (2) the user or consumer has not bought the product from or entered into any contractual relation with the seller. However, in an action based […]
34-20-7-0.2. Application of Prior Law
Sec. 0.2. The addition of IC 33-1-1.5-9 (before its repeal, now codified at section 1 of this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995. As added by P.L.220-2011, SEC.554.
34-20-2-3. Strict Liability of Manufacturer
Sec. 3. A product liability action based on the doctrine of strict liability in tort may not be commenced or maintained against a seller of a product that is alleged to contain or possess a defective condition unreasonably dangerous to the user or consumer unless the seller is a manufacturer of the product or of […]
34-20-7-1. Assessment of Liability
Sec. 1. In a product liability action where liability is assessed against more than one (1) defendant, a defendant is not liable for more than the amount of fault, as determined under IC 34-20-8, directly attributable to that defendant. A defendant in a product liability action may not be held jointly liable for damages attributable […]
34-20-2-4. Principal Distributor or Seller Considered Manufacturer
Sec. 4. If a court is unable to hold jurisdiction over a particular manufacturer of a product or part of a product alleged to be defective, then that manufacturer’s principal distributor or seller over whom a court may hold jurisdiction shall be considered, for the purposes of this chapter, the manufacturer of the product. [Pre-1998 […]