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Indiana Code (IC) 34-20
CAUSES OF ACTION: PRODUCTS LIABILITY
Table of Contents
IC 34-20-1
Chapter 1. General Provisions
IC 34-20-1-1
Sec. 1. This article governs all actions that are:
brought by a user or consumer;
against a manufacturer or seller; and
for physical harm caused by a product; regardless of
the substantive legal theory or theories upon which the action is brought.
As added by P.L.1-1998, SEC.15.
IC 34-20-1-2
Sec. 2. This article shall not be construed to limit any other
action from being brought against a seller of a product.
As added by P.L.1-1998, SEC.15.
IC 34-20-1-3
Sec. 3. If a provision of this article or its application to a
person or circumstance is held invalid, the invalidity does not affect other provisions or
applications, and to this end the provisions of this article are severable.
As added by P.L.1-1998, SEC.15.
IC 34-20-1-4
Sec. 4. This article does not apply to a cause of action that
accrues before June 1, 1978.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-2
Chapter 2. Product Liability Actions
IC 34-20-2-1
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 to
the user or consumer or to the user's or consumer's property if:
- that user or consumer is in the class of persons that the seller should reasonably
foresee as being subject to the harm caused by the defective condition;
- the seller is engaged in the business of selling the product; and
- the product is expected to and does reach the user or consumer without substantial
alteration in the condition in which the product is sold by the person sought to be held
liable under this article.
As added by P.L.1-1998, SEC.15.
IC 34-20-2-2
Sec. 2. The rule stated in section 1 of this chapter applies
although:
- the seller has exercised all reasonable care in the manufacture and
preparation of the product; and
- the user or consumer has not bought the product from or entered into
any contractual relation with the seller.
However, in an action based on an alleged design defect in the
product or based on an alleged failure to provide adequate warnings or instructions
regarding the use of the product, the party making the claim must establish that the
manufacturer or seller failed to exercise reasonable care under the circumstances in
designing the product or in providing the warnings or instructions.
As added by P.L.1-1998, SEC.15.
IC 34-20-2-3
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 the part of the product
alleged to be defective.
As added by P.L.1-1998, SEC.15.
IC 34-20-2-4
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.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-3
Chapter 3. Statute of Limitations
IC 34-20-3-1
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 commenced:
(1) within two (2) years after the cause
of action accrues; or
(2) within ten (10) years after the
delivery of the product to the initial user or consumer.
However, if the cause of action accrues at least eight (8) years but less than ten (10)
years after that initial delivery, the action may be commenced at any time within two (2)
years after the cause of action accrues.
As added by P.L.1-1998, SEC.15.
IC 34-20-3-2
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 a new injury and is a
separate cause of action.
(b) A product liability action for personal injury, disability,
disease, or death resulting from exposure to asbestos accrues on the date when the injured
person knows that the person has an asbestos related disease or injury.
(c) A product liability action for property damage accrues on the
date when the injured person knows that the property damage has resulted from asbestos.
(d) This section applies only to product liability actions
against:
(1) persons who mined and sold commercial
asbestos; and
(2) funds that have, as a result of
bankruptcy proceedings or to avoid bankruptcy proceedings, been created for the payment of
asbestos related disease claims or asbestos related property damage claims.
(e) For the purposes of IC 1-1-1-8, if any part of this
section is held invalid, the entire section is void.
(f) Except for the cause of action expressly recognized in this
section, this section does not otherwise modify the limitation of action or repose period
contained in section 1 of this chapter.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-4
Chapter 4. Defective Products
IC 34-20-4-1
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 expected user or consumer when used in reasonably expectable ways of handling or
consumption.
As added by P.L.1-1998, SEC.15.
IC 34-20-4-2
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
instructions available to the user or consumer.
As added by P.L.1-1998, SEC.15.
IC 34-20-4-3
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.
As added by P.L.1-1998, SEC.15.
IC 34-20-4-4
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.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-5
Chapter 5. Rebuttable Presumption That Product Is Not Defective
IC 34-20-5-1
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 art applicable to the safety of the product at the time the
product was designed, manufactured, packaged, and labeled; or
(2) complied with applicable codes,
standards, regulations, or specifications established, adopted, promulgated, or approved
by the United States or by Indiana, or by an agency of the United States or Indiana.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-6
Chapter 6. Defenses
IC 34-20-6-1
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).
As added by P.L.1-1998, SEC.15.
IC 34-20-6-2
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.
As added by P.L.1-1998, SEC.15.
IC 34-20-6-3
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.
As added by P.L.1-1998, SEC.15.
IC 34-20-6-4
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 to another party.
As added by P.L.1-1998, SEC.15.
IC 34-20-6-5
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 cause of physical harm
where the modification or alteration is not reasonably expectable to the seller.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-7
Chapter 7. Assessing Liability With Multiple Defendants
IC 34-20-7-1
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 to the fault of another defendant.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-8
Chapter 8. Assessing Percentage of Fault
IC 34-20-8-1
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 34-57-2-7, IC 34-57-2-8, or IC 34-57-2-9.
(b) In assessing percentage of fault, the jury shall consider the
fault of all persons who contributed to the physical harm, regardless of whether the
person was or could have been named as a party, as long as the nonparty was alleged to
have caused or contributed to cause the physical harm.
As added by P.L.1-1998, SEC.15.
UP
IC 34-20-9
Chapter 9. Indemnity
IC 34-20-9-1
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.
As added by P.L.1-1998, SEC.15.
UP
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