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 […]
34-20-6-5. 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 […]