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 a
condition:
(1) not contemplated by reasonable persons among those
considered expected users or consumers of the product; and
(2) that will be unreasonably dangerous to the expected user or
consumer when used in reasonably expectable ways of handling
or 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 fails
to:
(1) properly package or label the product to give reasonable
warnings of danger about the product; or
(2) give reasonably complete instructions on proper use of the
product;
when the seller, by exercising reasonable diligence, could have made
such 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 and
consumption not considered defective
Sec. 3. A product is not defective under this article if it is safe for
reasonably expectable handling and consumption. If an injury results
from handling, preparation for use, or consumption that is not
reasonably 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 product
is 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.