IC 34-20-2-1 Grounds for action
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:
(1) 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;
(2) the seller is engaged in the business of selling the product;
and
(3) 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 Exercise of reasonable care; privity
Sec. 2. The rule stated in section 1 of this chapter applies
although:
(1) the seller has exercised all reasonable care in the
manufacture and preparation of the product; and
(2) 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 Strict liability of manufacturer
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 Principal distributor or seller considered manufacturer
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.
IC 34-20-2-1 Grounds for action
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:
(1) 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;
(2) the seller is engaged in the business of selling the product;
and
(3) 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 Exercise of reasonable care; privity
Sec. 2. The rule stated in section 1 of this chapter applies
although:
(1) the seller has exercised all reasonable care in the
manufacture and preparation of the product; and
(2) 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 Strict liability of manufacturer
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 Principal distributor or seller considered manufacturer
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.
IC 34-20-2-1 Grounds for action
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:
(1) 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;
(2) the seller is engaged in the business of selling the product;
and
(3) 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 Exercise of reasonable care; privity
Sec. 2. The rule stated in section 1 of this chapter applies
although:
(1) the seller has exercised all reasonable care in the
manufacture and preparation of the product; and
(2) 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 Strict liability of manufacturer
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 Principal distributor or seller considered manufacturer
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.
