Indiana Code
Ind. Code § 34-20-3-2 (2026)
Asbestos related actions
✓ current as of May 2026
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.
[Pre-1998 Recodification Citation: 33-1-1.5-5.5.]
As added by P.L.1-1998, SEC.15.
IC 34-20-4Chapter 4. Defective Products
34-20-4-1Products considered defective
34-20-4-2Failure to provide adequate warnings or
instructions
34-20-4-3Products made safe for reasonably expectable
handling and consumption not considered
defective
34-20-4-4Products incapable of being made safe not
considered defective
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1998–2023 · leading case: Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001).
Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001). “Whether Ind.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.”
Larry Myers v. Crouse-Hinds: GE v. Mary R. Geyman: Owens-Illinois, Inc v. Mary R. Geyman, 53 N.E.3d 1160 (Ind. 2016). “"5 Ind. Code § 34-20-3-2 . Ott held that Section 2 applies only to asbestos claims against defendants who both mined and sold raw asbestos, leaving "those who sell asbestos-containing products within the ambit of Section 1.”
AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003). “" The second statute, Ind.Code § 34-20-3-2, specifically applies to at least some asbestos liability claims; we will refer to it as "Section 2.”
Holmes v. ACandS, Inc., 711 N.E.2d 1289 (Ind. Ct. App. 1999). “An exception for asbestos-related actions is found in Ind.Code § 34-20-3-2, but only applies to product liability actions against persons who “mined and sold commercial asbestos.”
Fulk v. Allied Signal, Inc., 755 N.E.2d 1198 (Ind. Ct. App. 2001). “Whether Ind.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.”
Holmes v. ACandS, Inc., 709 N.E.2d 36 (Ind. Ct. App. 1999). “5 repealed and reco-dified as Ind.Code § 34-20-3-2. *41 While the cause of action for wrongful death accrues upon the death of the decedent, a product liability action for personal injury accrues when the plaintiff knows or should have discovered his injury or disease.”
Poirier v. A.P. Green Servs., Inc., 754 N.E.2d 1007 (Ind. Ct. App. 2001). “Whether Ind.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.”
Harris v. A.C. & S., Inc., 766 N.E.2d 383 (Ind. Ct. App. 2002). “[3] Mesothelioma is a "primary tumor, either benign or malignant," that lines various organs of the body. GOULD MEDICAL DICTIONARY 830 (4th ed.”
Allied Signal, Inc. v. Herring, 757 N.E.2d 1030 (Ind. Ct. App. 2001). “Moreover, the defendants asserted that the statute of repose exception found at Indiana Code section 34-20-3-2 applies only to persons who both mined and sold commercial asbestos, and because they did not mine commercial asbestos, the exception did not apply to them.”
Parks v. A.P. Green Indus., Inc., 754 N.E.2d 1052 (Ind. Ct. App. 2001). “Therefore, the Parkses' amended complaint survives because it was filed within the two-year limitation period under I.C. § 34-20-3-2. The question that remains is whether Chicago Firebrick, Uniroyal, and Green are miners or sellers of commercial asbestos that was inhaled by Mr.”
Jurich v. Garlock, Inc., 759 N.E.2d 1066 (Ind. Ct. App. 2001). “If, as here, a product liability claim does not fall under the limited exception found in Indiana Code Section 34-20-3-2, the general ten-year statute of repose applies.”
Ott v. AlliedSignal, Inc., 827 N.E.2d 1144 (Ind. Ct. App. 2005). “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…”
— Ind. Code § 34-20-3-2(a) — 5 cases
Richter v. Asbestos Insulating & Roofing, 790 N.E.2d 1000 (Ind. Ct. App. 2003).
Holmes v. ACandS, Inc., 709 N.E.2d 36 (Ind. Ct. App. 1999). “5 repealed and reco-dified as Ind.Code § 34-20-3-2. *41 While the cause of action for wrongful death accrues upon the death of the decedent, a product liability action for personal injury accrues when the plaintiff knows or should have discovered his injury or disease.”
Parks v. A.P. Green Indus., Inc., 754 N.E.2d 1052 (Ind. Ct. App. 2001). “Therefore, the Parkses' amended complaint survives because it was filed within the two-year limitation period under I.C. § 34-20-3-2. The question that remains is whether Chicago Firebrick, Uniroyal, and Green are miners or sellers of commercial asbestos that was inhaled by Mr.”
Allied Signal, Inc. v. Herring, 757 N.E.2d 1030 (Ind. Ct. App. 2001). “Moreover, the defendants asserted that the statute of repose exception found at Indiana Code section 34-20-3-2 applies only to persons who both mined and sold commercial asbestos, and because they did not mine commercial asbestos, the exception did not apply to them.”
Babcock & Wilcox Co. v. Gas (In Re Babcock & Wilcox Co.), 316 B.R. 62 (Bankr. E.D. La. 2003).
— Ind. Code § 34-20-3-2(a)(2) — 2 cases
Spoonamore v. Armstrong World Indus., Inc., 105 F. Supp. 2d 928 (S.D. Ind. 1999).
Spoonamore v. Armstrong World Indus., Inc., 60 F. Supp. 2d 885 (S.D. Ind. 1998).
— Ind. Code § 34-20-3-2(b) — 5 cases
Holmes v. ACandS, Inc., 709 N.E.2d 36 (Ind. Ct. App. 1999). “5 repealed and reco-dified as Ind.Code § 34-20-3-2. *41 While the cause of action for wrongful death accrues upon the death of the decedent, a product liability action for personal injury accrues when the plaintiff knows or should have discovered his injury or disease.”
Harris v. A.C. & S., Inc., 766 N.E.2d 383 (Ind. Ct. App. 2002). “[3] Mesothelioma is a "primary tumor, either benign or malignant," that lines various organs of the body. GOULD MEDICAL DICTIONARY 830 (4th ed.”
Spoonamore v. Armstrong World Indus., Inc., 105 F. Supp. 2d 922 (S.D. Ind. 1999).
Spoonamore v. Armstrong World Indus., Inc., 105 F. Supp. 2d 928 (S.D. Ind. 1999).
Spoonamore v. Armstrong World Indus., Inc., 60 F. Supp. 2d 885 (S.D. Ind. 1998).
— Ind. Code § 34-20-3-2(d) — 5 cases
Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001). “Whether Ind.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.”
Fulk v. Allied Signal, Inc., 755 N.E.2d 1198 (Ind. Ct. App. 2001). “Whether Ind.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.”
Parks v. A.P. Green Indus., Inc., 754 N.E.2d 1052 (Ind. Ct. App. 2001). “Therefore, the Parkses' amended complaint survives because it was filed within the two-year limitation period under I.C. § 34-20-3-2. The question that remains is whether Chicago Firebrick, Uniroyal, and Green are miners or sellers of commercial asbestos that was inhaled by Mr.”
Poirier v. A.P. Green Servs., Inc., 754 N.E.2d 1007 (Ind. Ct. App. 2001). “Whether Ind.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.”
Harris v. A.C. & S., Inc., 766 N.E.2d 383 (Ind. Ct. App. 2002). “[3] Mesothelioma is a "primary tumor, either benign or malignant," that lines various organs of the body. GOULD MEDICAL DICTIONARY 830 (4th ed.”
— Ind. Code § 34-20-3-2(d)(1) — 5 cases
Allied Signal, Inc. v. Herring, 757 N.E.2d 1030 (Ind. Ct. App. 2001). “Moreover, the defendants asserted that the statute of repose exception found at Indiana Code section 34-20-3-2 applies only to persons who both mined and sold commercial asbestos, and because they did not mine commercial asbestos, the exception did not apply to them.”
Black v. ACandS, Inc., 752 N.E.2d 148 (Ind. Ct. App. 2001). “Whether Ind.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.”
Jurich v. Garlock, Inc., 759 N.E.2d 1066 (Ind. Ct. App. 2001). “If, as here, a product liability claim does not fall under the limited exception found in Indiana Code Section 34-20-3-2, the general ten-year statute of repose applies.”
Holmes v. ACandS, Inc., 711 N.E.2d 1289 (Ind. Ct. App. 1999). “An exception for asbestos-related actions is found in Ind.Code § 34-20-3-2, but only applies to product liability actions against persons who “mined and sold commercial asbestos.”
Th Agric. & Nutrition, LLC. v. Akaiwa, 872 N.E.2d 1104 (Ind. Ct. App. 2007).
— Ind. Code § 34-20-3-2(d)(2) — 2 cases
Spoonamore v. Armstrong World Indus., Inc., 105 F. Supp. 2d 928 (S.D. Ind. 1999).
Spoonamore v. Armstrong World Indus., Inc., 60 F. Supp. 2d 885 (S.D. Ind. 1998).
— Ind. Code § 34-20-3-2(e) — 3 cases
Larry Myers v. Crouse-Hinds: GE v. Mary R. Geyman: Owens-Illinois, Inc v. Mary R. Geyman, 53 N.E.3d 1160 (Ind. 2016). “"5 Ind. Code § 34-20-3-2 . Ott held that Section 2 applies only to asbestos claims against defendants who both mined and sold raw asbestos, leaving "those who sell asbestos-containing products within the ambit of Section 1.”
Dap, Inc. v. Akaiwa, 872 N.E.2d 1098 (Ind. Ct. App. 2007).
Th Agric. & Nutrition, LLC. v. Akaiwa, 872 N.E.2d 1104 (Ind. Ct. App. 2007).
— Ind. Code § 34-20-3-2(f) — 1 case
Bradley A. Estabrook v. Mazak Corp. (Ind. 2020).
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