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 of
minority or legal disability. Notwithstanding IC 34-11-6-1, this
section applies in any product liability action in which the theory of
liability is negligence or strict liability in tort.
(b) Except as provided in section 2 of this chapter, a product
liability 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 the
initial user or consumer.
However, if the cause of action accrues at least eight (8) years but
less than ten (10) years after that initial delivery, the action may be
commenced at any time within two (2) years after the cause of action
accrues.
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 from
exposure to asbestos;
must be commenced within two (2) years after the cause of action
accrues. The subsequent development of an additional asbestos
related disease or injury is a new injury and is a separate cause of
action.
(b) A product liability action for personal injury, disability,
disease, or death resulting from exposure to asbestos accrues on the
date when the injured person knows that the person has an asbestos
related disease or injury.
(c) A product liability action for property damage accrues on the
date when the injured person knows that the property damage has
resulted 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 to
avoid bankruptcy proceedings, been created for the payment of
asbestos related disease claims or asbestos related property
damage claims.
(e) For the purposes of IC 1-1-1-8, if any part of this section is
held invalid, the entire section is void.
(f) Except for the cause of action expressly recognized in this
section, this section does not otherwise modify the limitation of
action or repose period contained in section 1 of this chapter.
As added by P.L.1-1998, SEC.15.