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.
34-20-5-1. Rebuttable Presumption
Sec. 1. In a product liability action, there is a rebuttable presumption that the product that caused the physical harm was not defective and that the manufacturer or seller of the product was not negligent if, before the sale by the manufacturer, the product: (1) was in conformity with the generally recognized state of the […]
34-20-6-1. Applicability of Defenses
Sec. 1. The defenses in this chapter are defenses to an action brought under this article (or IC 33-1-1.5 before its repeal). [Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.] As added by P.L.1-1998, SEC.15.
34-20-6-2. Burden of Proof
Sec. 2. The burden of proof of any defense raised in an action under this article (or IC 33-1-1.5 before its repeal) is on the party raising the defense. [Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.] As added by P.L.1-1998, SEC.15.
34-20-6-3. Use of Product With Knowledge of Defect or Danger
Sec. 3. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that the user or consumer bringing the action: (1) knew of the defect; (2) was aware of the danger in the product; and (3) nevertheless proceeded to make use of the product and was injured. [Pre-1998 Recodification […]
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 […]