Indiana Code
Ind. Code § 34-20-6-2 (2026)
Burden of proof
✓ current as of May 2026
Sec. 2. The burden of proof of any defense raised in an action under this article (or IC 33-1-1.5 before its repeal) is on the party raising the defense.
[Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.]
As added by P.L.1-1998, SEC.15.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2023 · leading case: Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018).
Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018). “Ind. Code § 34-20-6-2 . Indiana Code § 34-20-3-1 provides that "any product liability action in which the theory of liability is negligence or strict liability in tort .”
Johnson v. Centrome Inc (N.D. Ind. 2023). “Ind. Code § 34-20-6-2 . From my review of the case law, the amendment does not appear to have changed the burden-shifting framework acknowledged in Avery.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.