34-20-3-1. Negligence and Strict Liability in Tort Actions
Sec. 1. (a) This section applies to all persons regardless of minority or legal disability. Notwithstanding IC 34-11-6-1, this section applies in any product liability action in which the theory of liability is negligence or strict liability in tort. (b) Except as provided in section 2 of this chapter, a product liability action must be […]
34-20-3-2. Asbestos Related Actions
Sec. 2. (a) A product liability action that is based on: (1) property damage resulting from asbestos; or (2) personal injury, disability, disease, or death resulting from exposure to asbestos; must be commenced within two (2) years after the cause of action accrues. The subsequent development of an additional asbestos related disease or injury is […]
34-20-4-1. Products Considered Defective
Sec. 1. A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and (2) that will be unreasonably dangerous to the […]
34-20-4-2. Failure to Provide Adequate Warnings or Instructions
Sec. 2. A product is defective under this article if the seller fails to: (1) properly package or label the product to give reasonable warnings of danger about the product; or (2) give reasonably complete instructions on proper use of the product; when the seller, by exercising reasonable diligence, could have made such warnings or […]
34-20-4-3. Products Made Safe for Reasonably Expectable Handling and Consumption Not Considered Defective
Sec. 3. A product is not defective under this article if it is safe for reasonably expectable handling and consumption. If an injury results from handling, preparation for use, or consumption that is not reasonably expectable, the seller is not liable under this article. [Pre-1998 Recodification Citation: 33-1-1.5-2.5(c).] As added by P.L.1-1998, SEC.15.
34-20-4-4. Products Incapable of Being Made Safe Not Considered Defective
Sec. 4. A product is not defective under this article if the product is incapable of being made safe for its reasonably expectable use, when manufactured, sold, handled, and packaged properly. [Pre-1998 Recodification Citation: 33-1-1.5-2.5(d).] As added by P.L.1-1998, SEC.15.
34-20-5-0.2. Application of Prior Law
Sec. 0.2. The addition of IC 33-1-1.5-4.5 (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.553.
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.