Indiana Code

Ind. Code § 34-20-4-3 (2026)

Products made safe for reasonably expectable handling and consumption not considered defective

✓ current as of May 2026
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     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.

[Pre-1998 Recodification Citation: 33-1-1.5-2.5(c).]

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

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2002–2021 · leading case: Gresser v. Dow Chem. Co., 989 N.E.2d 339 (Ind. Ct. App. 2013).
Gresser v. Dow Chem. Co., 989 N.E.2d 339 (Ind. Ct. App. 2013). · cites it 2× “However, Indiana Code § 34-20-4-3 provides that a product is not defective if “it is safe for reasonably expectable handling and consumption.”
Burt v. Makita USA, Inc., 212 F. Supp. 2d 893 (N.D. Ind. 2002). · cites it 2× “” Ind.Code § 34-20-4-3. Moreover, “[i]t is a defense to an action under this article .”
Parry v. Stand. Fusee Corp. (S.D. Ind. 2021). · cites it 4× “See Ind. Code § 34-20-4-3 ("A product is not defective under this article if it is safe for reasonably expectable handling and consumption.”
John Gresser & Janice Gresser, Individually & as Nat. guardians of Elizabeth Gresser & Rebekah Gresser v. The Dow Chem. Co., Inc., Dowelanco n/k/a Dow Agrosciences LLC (Ind. Ct. App. 2013). · cites it 2× “However, Indiana Code § 34-20-4-3 provides that a product is not defective if “it is safe for reasonably expectable handling and consumption.”
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