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.
[Pre-1998 Recodification Citation: 33-1-1.5-3(a).]
As added by P.L.1-1998, SEC.15.
Notes of Decisions
Kennedy v. Guess, Inc., 806 N.E.2d 776 (Ind. 2004).
· cites it 8× “Ind.Code § 34-20-2-1, et seq. (1999). [1] It provides in pertinent part that: *780 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…”
Coffman v. PSI Energy, Inc., 815 N.E.2d 522 (Ind. Ct. App. 2004).
· cites it 4× “NOTES [1] In its Appellee's Brief, Rumpke has addressed the Coffmans' allegation in their Complaint concerning Rumpke's "failure to warn" as if it were intended to state a claim against Rumpke under the Indiana Products Liability Act, Indiana Code Section 34-20-2-1, et seq.…”
Scott Weigle v. SPX Corp., 729 F.3d 724 (7th Cir. 2013).
· cites it 4× “2007) (citation omitted); see Ind.Code § 34-20-2-1. A plaintiff bringing an action under the IPLA must establish that (1) the product was in a defective condition; (2) the product was unreasonably dangerous; (3) the plaintiff was a foreseeable user or consumer; (4) the defendant…”
Cahoon v. Cummings, 715 N.E.2d 1 (Ind. Ct. App. 1999).
· cites it 8× “[3] See I.C. § 34-20-2-1 (containing the rule of strict liability in products liability actions); Watson v.”
Richter v. Asbestos Insulating & Roofing, 790 N.E.2d 1000 (Ind. Ct. App. 2003).
· cites it 4× “Terry later died, whereupon Richter and Terry's estate proceeded to file a new cause of action in the Allen Superior Court against the companies on January 22, 2002, under our Wrongful Death Statute, Indiana Code section 34-23-1-1, and our Products Liability Act, Indiana Code…”
Campbell Hausfeld/Scott Fetzer Co. v. Paul Johnson, 109 N.E.3d 953 (Ind. 2018).
· cites it 2× “Ind. Code § 34-20-2-1 . A product can be defective within the meaning of the Act because of a manufacturing flaw, a defective design or a failure to warn of dangers while using the product.”
Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018).
· cites it 2× “Ind. Code § 34-20-2-1 . In an action for design defect, "the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in designing the product.”
Butler v. City of Peru, 733 N.E.2d 912 (Ind. 2000).
· cites it 4× “Ind.Code § 34-20-2-1 (1998). 4 A user or consumer is defined as: (1) a purchaser; (2) any individual who uses or consumes the product; (3) any other person who, while acting for or on behalf of the injured party, was in possession and control of the product in question; or (4)…”
— Ind. Code § 34-20-2-1(3) — 1 case
— Ind. Code § 34-20-2-1(8) — 1 case
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