CHAPTER 2. PRODUCT LIABILITY ACTIONS

IC 34-20-2
    Chapter 2. Product Liability Actions

IC 34-20-2-1
Grounds for action
    Sec. 1. Except as provided in section 3 of this chapter, a personwho sells, leases, or otherwise puts into the stream of commerce anyproduct in a defective condition unreasonably dangerous to any useror consumer or to the user's or consumer's property is subject toliability for physical harm caused by that product to the user orconsumer or to the user's or consumer's property if:
        (1) that user or consumer is in the class of persons that the sellershould reasonably foresee as being subject to the harm causedby the defective condition;
        (2) the seller is engaged in the business of selling the product;and
        (3) the product is expected to and does reach the user orconsumer without substantial alteration in the condition inwhich the product is sold by the person sought to be held liableunder this article.
As added by P.L.1-1998, SEC.15.

IC 34-20-2-2
Exercise of reasonable care; privity
    Sec. 2. The rule stated in section 1 of this chapter appliesalthough:
        (1) the seller has exercised all reasonable care in themanufacture and preparation of the product; and
        (2) the user or consumer has not bought the product from orentered into any contractual relation with the seller.
However, in an action based on an alleged design defect in theproduct or based on an alleged failure to provide adequate warningsor instructions regarding the use of the product, the party making theclaim must establish that the manufacturer or seller failed to exercisereasonable care under the circumstances in designing the product orin providing the warnings or instructions.
As added by P.L.1-1998, SEC.15.

IC 34-20-2-3
Strict liability of manufacturer
    Sec. 3. A product liability action based on the doctrine of strictliability in tort may not be commenced or maintained against a sellerof a product that is alleged to contain or possess a defectivecondition unreasonably dangerous to the user or consumer unless theseller is a manufacturer of the product or of the part of the productalleged to be defective.
As added by P.L.1-1998, SEC.15.

IC 34-20-2-4
Principal distributor or seller considered manufacturer    Sec. 4. If a court is unable to hold jurisdiction over a particularmanufacturer of a product or part of a product alleged to bedefective, then that manufacturer's principal distributor or seller overwhom a court may hold jurisdiction shall be considered, for thepurposes of this chapter, the manufacturer of the product.
As added by P.L.1-1998, SEC.15.