CHAPTER 3. STATUTE OF LIMITATIONS
IC 34-20-3
Chapter 3. Statute of Limitations
IC 34-20-3-1
Negligence and strict liability in tort actions
Sec. 1. (a) This section applies to all persons regardless ofminority or legal disability. Notwithstanding IC 34-11-6-1, thissection applies in any product liability action in which the theory ofliability is negligence or strict liability in tort.
(b) Except as provided in section 2 of this chapter, a productliability 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 theinitial user or consumer.
However, if the cause of action accrues at least eight (8) years butless than ten (10) years after that initial delivery, the action may becommenced at any time within two (2) years after the cause of actionaccrues.
As added by P.L.1-1998, SEC.15.
IC 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 fromexposure to asbestos;
must be commenced within two (2) years after the cause of actionaccrues. The subsequent development of an additional asbestosrelated disease or injury is a new injury and is a separate cause ofaction.
(b) A product liability action for personal injury, disability,disease, or death resulting from exposure to asbestos accrues on thedate when the injured person knows that the person has an asbestosrelated disease or injury.
(c) A product liability action for property damage accrues on thedate when the injured person knows that the property damage hasresulted 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 toavoid bankruptcy proceedings, been created for the payment ofasbestos related disease claims or asbestos related propertydamage claims.
(e) For the purposes of IC 1-1-1-8, if any part of this section isheld invalid, the entire section is void.
(f) Except for the cause of action expressly recognized in thissection, this section does not otherwise modify the limitation ofaction or repose period contained in section 1 of this chapter.
As added by P.L.1-1998, SEC.15.