Ind. Code » Title 34
Indiana Code

Ind. Code § 34-20-3-1 (2025)

Negligence and strict liability in tort actions

✓ 2025 Indiana Code: the 2026 session is not included
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     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.

[Pre-1998 Recodification Citation: 33-1-1.5-5.]

As added by P.L.1-1998, SEC.15.

 

Notes of Decisions
Cited in 70 cases (12 in the last 5 years), 1998–2026 · leading case: Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001).
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Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001). · cites it 42× “Code § 34-20-3-2, which permits asbestos-related causes of action to be filed within two years of the date they accrue without regard to the ten-year products liability statute of repose contained in Ind.Code § 34-20-3-1, applies to Black's claims against the defendants herein;…”
McIntosh v. Melroe Co., 729 N.E.2d 972 (Ind. 2000). · cites it 25× “CODE § 34-20-3-1). This provision was amended in 1983, thereby requiring any product liability action "in which the theory of liability is negligence or strict liability in tort" to be commenced within ten years after the delivery of the product to the initial user or consumer.”
AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003). · cites it 8× “One of these statutes, Ind.Code § 34-20-3-1, generally applies to product liability claims; we will refer to this statute in this opinion as "Section 1.”
Fulk v. Allied Signal, Inc., 755 N.E.2d 1198 (Ind. Ct. App. 2001). · cites it 20× “Code § 34-20-3-2, which permits asbestos-related causes of action to be filed within two years of the date they accrue without regard to the ten-year products liability statute of repose contained in Ind.Code § 34-20-3-1, applies to Fulk's claims against the defendants herein;…”
Larry Myers v. Crouse-Hinds: GE v. Mary R. Geyman: Owens-Illinois, Inc v. Mary R. Geyman, 53 N.E.3d 1160 (Ind. 2016). · cites it 6× “Ind. Code §§ 34-20-3-1 , -2. 3 generally, while Section 2 applies to "[a]sbestos-related actions.”
Poirier v. A.P. Green Servs., Inc., 754 N.E.2d 1007 (Ind. Ct. App. 2001). · cites it 20× “Code § 34-20-3-2, which permits asbestos-related causes of action to be filed within two years of the date they accrue without regard to the ten-year products liability statute of repose contained in Ind.Code § 34-20-3-1, applies to Poirier's claims against the defendants…”
Ott v. AlliedSignal, Inc., 827 N.E.2d 1144 (Ind. Ct. App. 2005). · cites it 11× “In 2001, the trial court acted on the defendants' motions asserting that the products liability statute of repose, Indiana Code § 34-20-3-1, and the special statute of limitations governing certain claims for *1148 damage caused by asbestos, Indiana Code § 34-20-3-2, required…”
Degussa Corp. v. Mullens, 744 N.E.2d 407 (Ind. 2001). · cites it 4× “5-5 has been recodified, without substantive change, at Ind.Code § 34-20-3-1 (1998).”
Holmes v. ACandS, Inc., 711 N.E.2d 1289 (Ind. Ct. App. 1999). · cites it 8× “In the appeal, the Asbestos Defendants “restricted] their arguments herein to whether [Holmes’s] claims are barred by the two-year statute of limitations period in [Ind.”
Jurich v. Garlock, Inc., 759 N.E.2d 1066 (Ind. Ct. App. 2001). · cites it 6× “We emphasize that our analysis focuses on the constitutionality of the general statute of repose, Indiana Code Section 34-20-3-1, and not that of the exception to the statute, Indiana Code Section 34-20-3-2.”
Allied Signal, Inc. v. Herring, 757 N.E.2d 1030 (Ind. Ct. App. 2001). · cites it 8× “requests that this Court grant summary judgment in its favor because [Herring's] claims are barred by the 10 year statute of repose found at Indiana Code § 34-20-3-1."). To the extent the phrase "commercial asbestos" was mentioned in any of the motions, it was mentioned only in…”
Parks v. A.P. Green Indus., Inc., 754 N.E.2d 1052 (Ind. Ct. App. 2001). · cites it 6× “Parks knew of his exposure when he filed his 1989 complaint in federal court, the Parkses' action in the state court was time barred because they did not commence it within the ten-year statute of repose under Ind.Code § 34-20-3-1. The Parkses have appealed the trial court's…”
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Ind. Code § 34-20-3-1(a): 3 cases
Campbell v. Supervalu, Inc., 565 F. Supp. 2d 969 (N.D. Ind. 2008).
Linden v. CNH Am. LLC, 753 F. Supp. 2d 870 (S.D. Iowa 2010).
Linden v. CNH Am. LLC, 753 F. Supp. 2d 860 (S.D. Iowa 2010).
Ind. Code § 34-20-3-1(b): 9 cases
McIntosh v. Melroe Co., 729 N.E.2d 972 (Ind. 2000). “CODE § 34-20-3-1). This provision was amended in 1983, thereby requiring any product liability action "in which the theory of liability is negligence or strict liability in tort" to be commenced within ten years after the delivery of the product to the initial user or consumer.”
AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003). “One of these statutes, Ind.Code § 34-20-3-1, generally applies to product liability claims; we will refer to this statute in this opinion as "Section 1.”
Jurich v. Garlock, Inc., 759 N.E.2d 1066 (Ind. Ct. App. 2001). “We emphasize that our analysis focuses on the constitutionality of the general statute of repose, Indiana Code Section 34-20-3-1, and not that of the exception to the statute, Indiana Code Section 34-20-3-2.”
Jurich v. John Crane, Inc., 824 N.E.2d 777 (Ind. Ct. App. 2005).
Crowe, Chizek, & Co. v. Oil Tech., Inc., 771 N.E.2d 1203 (Ind. Ct. App. 2002).
Ind. Code § 34-20-3-1(b)(1): 1 case
Technisand, Inc. v. Melton, 898 N.E.2d 303 (Ind. 2008).
Ind. Code § 34-20-3-1(b)(2): 2 cases
Johnson v. Avco Corp., 702 F. Supp. 2d 1093 (E.D. Mo. 2010).
Bradley A. Estabrook v. Mazak Corp., 140 N.E.3d 830 (Ind. 2020).
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