Indiana Product Liability Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 07, 2019

Just like other states in the country, Indiana has product liability laws that set the rules for filing claims against manufacturers, retailers, and marketers when a consumer is harmed by using a product. The sections below provide a helpful outline of how product liability laws work in Indiana.

Establishing Liability in Indiana

Any party that sells/leases or makes a product available that is in a defective condition making it unreasonably dangerous to any consumer or their property can be liable for any physical harm caused by the product. To be held liable, the seller must be engaged in selling the product, the user must be in a class of people that the seller would reasonably expect to be harmed, and the user must have received the product without a substantial alternation in its condition.

Definition of a Defective Product

A defective product in Indiana is a product that is in a condition:

That a reasonable person expected to use the product wouldn't foresee;
That causes an unreasonable danger to the those expected to use the product (if using the product in ways the seller expects);
That has not been labeled or packaged with adequate warnings; and
That doesn't provide adequate instructions on the use of the product.

Explanation of Indiana Product Liability Laws

The laws that govern product liability are complex and lengthy. To help consumers understand their rights under the law, it's useful to read an abridged version of the content, written in plain English. The chart below which highlights key provisions of Indiana product liability laws provides such an overview.

Statutes	Indiana Code Title 34. Civil Law and Procedure: The Product Liability Act: Section 34-20-1-1 (all actions brought by consumers against manufacturers and sellers) Section 34-20-4-1 (definition of a defective product) Section 34-20-2-1 (elements of a product liability claim) Section 34-20-2-2 (inadequate warnings) Section 34-20-2-3 (strict liability) Section 34-20-6-3, 34-20-6-4, 34-20-6-5 (defenses)
Design Defects and Failure to Warn Claims - Standard of Proof	The user must prove the manufacturer or seller was negligent (they failed to exercise reasonable care).
Strict Liability Claims	A seller can't be held liable in a strict liability action unless the seller is a manufacturer of the product or of the part of the product of the claimed defect.
Defenses in Product Liability Claims	A company that is defending against a product liability claim can use the following defenses to avoid liability: The user knew of the defect, was aware of the danger, and used the product anyway; The user misused the product or used it in an unexpected manner; or The user modified or altered the product after receiving it.
Statute of Limitations	The deadline for filing a product liability lawsuit is *2 years* from the injury date.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.