CHAPTER 4. DEFECTIVE PRODUCTS
IC 34-20-4
Chapter 4. Defective Products
IC 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 acondition:
(1) not contemplated by reasonable persons among thoseconsidered expected users or consumers of the product; and
(2) that will be unreasonably dangerous to the expected user orconsumer when used in reasonably expectable ways of handlingor consumption.
As added by P.L.1-1998, SEC.15.
IC 34-20-4-2
Failure to provide adequate warnings or instructions
Sec. 2. A product is defective under this article if the seller failsto:
(1) properly package or label the product to give reasonablewarnings of danger about the product; or
(2) give reasonably complete instructions on proper use of theproduct;
when the seller, by exercising reasonable diligence, could have madesuch warnings or instructions available to the user or consumer.
As added by P.L.1-1998, SEC.15.
IC 34-20-4-3
Products made safe for reasonably expectable handling andconsumption not considered defective
Sec. 3. A product is not defective under this article if it is safe forreasonably expectable handling and consumption. If an injury resultsfrom handling, preparation for use, or consumption that is notreasonably expectable, the seller is not liable under this article.
As added by P.L.1-1998, SEC.15.
IC 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 productis 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.