State Codes and Statutes
Statutes > Indiana > Title34 > Ar20 > Ch6IC 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 action
brought 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 action
under this article (or IC 33-1-1.5 before its repeal) is on the party
raising 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 33-1-1.5
before 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 was
injured.
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 33-1-1.5
before its repeal) that a cause of the physical harm is a misuse of the
product by the claimant or any other person not reasonably expected
by the seller at the time the seller sold or otherwise conveyed the
product 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 33-1-1.5
before its repeal) that a cause of the physical harm is a modification
or alteration of the product made by any person after the product's
delivery to the initial user or consumer if the modification or
alteration is the proximate cause of physical harm where the
modification or alteration is not reasonably expectable to the seller.
As added by P.L.1-1998, SEC.15.
