CHAPTER 6. DEFENSES

IC 34-20-6
    Chapter 6. Defenses

IC 34-20-6-1
Applicability of defenses
    Sec. 1. The defenses in this chapter are defenses to an actionbrought 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
Burden of proof
    Sec. 2. The burden of proof of any defense raised in an actionunder this article (or IC 33-1-1.5 before its repeal) is on the partyraising the defense.
As added by P.L.1-1998, SEC.15.

IC 34-20-6-3
Use of product with knowledge of defect or danger
    Sec. 3. It is a defense to an action under this article (or IC 33-1-1.5before 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 wasinjured.
As added by P.L.1-1998, SEC.15.

IC 34-20-6-4
Misuse of product
    Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5before its repeal) that a cause of the physical harm is a misuse of theproduct by the claimant or any other person not reasonably expectedby the seller at the time the seller sold or otherwise conveyed theproduct to another party.
As added by P.L.1-1998, SEC.15.

IC 34-20-6-5
Modification or alteration of product
    Sec. 5. It is a defense to an action under this article (or IC 33-1-1.5before its repeal) that a cause of the physical harm is a modificationor alteration of the product made by any person after the product'sdelivery to the initial user or consumer if the modification oralteration is the proximate cause of physical harm where themodification or alteration is not reasonably expectable to the seller.
As added by P.L.1-1998, SEC.15.